Legal Opinion

Commonwealth v. David

Massachusetts Appeals Court

Decided June 25, 2012No. 11-P-367Published

1Opinion of the CourtCarhart, J.

The defendant appeals from his conviction of trafficking in cocaine in violation of G. L. c. 94C, § 32E(b). On appeal, he argues that the trial judge erroneously excluded another individual’s statement that the drugs found in the defendant’s apartment were hers, denying the defendant due process of law and the ability to present a defense. We affirm.

Background. On June 23, 2007, members of the Brockton police department executed a search warrant at the defendant’s apartment. Upon entering the apartment, the police found the defendant and another individual in the defendant’s bedroom. In the…

2Cases cited5 opinions

  1. Commonwealth v. HeskethMassachusetts Supreme Judicial Court · 1982
  2. Commonwealth v. CarrMassachusetts Supreme Judicial Court · 1977
  3. Commonwealth v. CharlesMassachusetts Supreme Judicial Court · 1999
  4. Commonwealth v. BurnhamMassachusetts Supreme Judicial Court · 2008
  5. Commonwealth v. NutbrownMassachusetts Appeals Court · 2012

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