Com v. Arnaut

Commonwealth v. Jose Arnaut
Massachusetts Appeals Court
January 5, 2011
Docket No: 09-P-1872

Retroactivity of Judicial Holding, Motion for New Trial


The defendant appeals from his 2004 conviction on multiple drug charges, alleging that the denial of his second motion for a new trial was wrongfully denied.  Defendant argues that Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009) should be applied retroactively to a case pending on collateral review.