Comm. v. MacDonald

Commonwealth v. MacDonald

2011 Mass. LEXIS 150

SJC-10737

March 18, 2011

Supreme Judicial Court

Criminal, Controlled Substances, Sufficiency of Evidence, Expert Opinion, Melendez-Diaz, Lack of Drug Certificates

            A jury convicted the defendant of distributing marijuana and committing a drug offense near a school.  The defendant appealed, arguing that the judge erred in denying his motion for required findings of not guilty because the testimony of the Commonwealth’s expert was inadequate proof that the substance seized was marijuana.  The SJC found that in these specific circumstances, the expert’s testimony regarding the substance at issue was sufficient evidence that it was marijuana.  In addition, the SJC denied defendant’s invitation to require a cautionary jury instruction concerning forensic testing or to limit the Commonwealth’s use of the facts in evidence in forming a hypothetical question for an expert witness.

Com v. Velazquez

Commonwealth v. Velazquez
Massachusetts Appeals Court
January 26, 2011
Docket No. 08-P-1042

Rape, Evidence, First complaint, Expert opinion, Witness, Expert

The defendant was convicted of four counts of forcible rape of a child.  On appeal, the defendant challenged whether the errors at trial, including errors concerning the first complaint doctrine to which the Commonwealth conceded, required a new trial.  The Appeals Court reversed the defendant’s convictions and ordered a new trial.