Opinion

Commonwealth v. King

  • 77 Mass. App. Ct. 189
  • 928 N.E.2d 1014
  • 2010 Mass. App. LEXIS 894
Court
Massachusetts Appeals Court
Filed
Jul 2, 2010
Status
Published
Author
Brown
On the bench
Brown, Grainger
Cited by
3 cases
Authority
More cited than 11.0%

The opinion

Brown, J.

(dissenting). Notwithstanding this court’s reliance on the fleeting reference to “field testing” in Commonwealth v. Connolly, 454 Mass. 808, 831 (2009), I think that in order to “nullify” the effect of the admission in evidence of the high probative value laboratory certificate, the so-called practice of “field testing” requires more demonstrative evidence than an officer’s mere statement that he has done it. 1 I am of the opinion *193 that in the circumstances presented here I am constrained to follow the teachings of Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009), and I would, therefore, reverse the defendant’s conviction.

Admittedly, defense counsel could have probed on cross-examination to ascertain the field testing protocol; however, he cannot be faulted for not having done so in light of his awareness that the Commonwealth would proffer as prima facie evidence the compelling, persuasive, inculpatory scientific laboratory certificate.-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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