Commonwealth v. Martin

After a jury trial in the District Court, the defendant, Sean Martin, was convicted of operating a motor vehicle while under the influence of intoxicating liquor, G. L. c. 90, § 24(1)(a )(1). On appeal, the defendant claims the judge erred in (1) permitting testimony regarding his conduct during the booking process; (2) allowing the introduction of an open eighteen-pack carton of beer found in his truck during an inventory search; (3) permitting a juror who appeared to be asleep to participate in deliberations; and (4) not instructing the jury on expert testimony and consciousness of guilt.…