Legal Opinion

Commonwealth v. Garcia

Massachusetts Appeals Court

Decided January 14, 2019No. 18-P-810Published

1Opinion of the Court

On June 15, 2016, the defendant was indicted for possession of cocaine with intent to distribute. The defendant's motion to dismiss the indictment was denied and the defendant was later found guilty at trial. On appeal the defendant seeks reversal of the conviction on the ground that the evidence before the grand jury was insufficient to establish probable cause, in particular because the grand jury received insufficient evidence that the defendant possessed the cocaine that was found in her bedroom. We affirm.

Background. We summarize the facts presented to the grand jury. On March 16, 2016,…

2Cases cited12 opinions

  1. Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1982
  2. Commonwealth v. O'DELLMassachusetts Supreme Judicial Court · 1984
  3. Commonwealth v. BrzezinskiMassachusetts Supreme Judicial Court · 1989
  4. Commonwealth v. OrtegaMassachusetts Supreme Judicial Court · 2004
  5. Commonwealth v. LevesqueMassachusetts Supreme Judicial Court · 2002

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