Legal Opinion · Dissent

Commonwealth v. Mendes

Massachusetts Appeals Court

Decided December 28, 2010No. 08-P-1942Published

1DissentBerry, J.

With due respect, I dissent from that part of the majority opinion which holds that the admission of the drug certificates was not harmless beyond a reasonable doubt. I also depart from the majority in the suggestion that it is not the whole trial record — Commonwealth case-in-chief and defense case — which is to be considered in determining the question whether an error, here the admission of the certificates, was harmless beyond a reasonable doubt.1

*485Consideration of the entire trial record of prosecution and defense evidence. Under Commonwealth v. Vasquez, 456 Mass. 350 (2010), the standard…

2Cases cited10 opinions

  1. United States v. HavensSupreme Court of the United States · 1980
  2. Commonwealth v. TyreeMassachusetts Supreme Judicial Court · 2010
  3. Commonwealth v. VasquezMassachusetts Supreme Judicial Court · 2010
  4. Commonwealth v. DawsonMassachusetts Supreme Judicial Court · 1987
  5. Commonwealth v. FluellenMassachusetts Supreme Judicial Court · 2010

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