Commonwealth v. Banville

The defendant was convicted of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. He also was convicted of larceny of a motor vehicle. On appeal he asserts (1) that counsel was ineffective for failing to move to suppress evidence derived from buccal and genital swabs taken from the defendant pursuant to a search warrant issued in Maryland that allegedly does not satisfy Massachusetts standards; (2) the admission of expert testimony based on hearsay evidence violated his right to confront and cross-examine witnesses; and (3) that the judge erred…