Legal Opinion · Dissent

Commonwealth v. Humphries

Massachusetts Appeals Court

Decided May 13, 2010No. 08-P-1963Published

1DissentSikora, J.

Respectfully I dissent from the reasoning and result advanced by my colleagues. For the following reasons, I conclude (1) that the evidence supported the jury’s verdict of guilt of constructive possession of marijuana with intent to distribute; and (2) that the admission of the drug analysis certification of marijuana constituted harmless error beyond a reasonable doubt.

1. Proof of constructive possession, a. Standards. In review *706of the denial of a motion for a directed finding of not guilty, the appellate court examines the entire evidence in the light most favorable to the Commonwealth and…

2Cases cited36 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. New Hampshire v. MaineSupreme Court of the United States · 2001
  4. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  5. Fahy v. ConnecticutSupreme Court of the United States · 1963

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