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Trying Drug Cases in Massachusetts

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  • Product Number: 1930280B00
  • Publication Date: 1/28/2022
  • Edition: 3rd Edition 2022
  • Copyright: © 2022 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Trying Drug Cases in Massachusetts is a comprehensive trial reference. You'll be able to identify the key elements of the alleged offenses and the substantive and procedural defenses available. You'll also gain the practical information and understanding of the case law you need to master every stage of the litigation, from suppression motions to cross-examination. More than a dozen checklists and more than 80 forms and other practical exhibits are provided as time-saving resources for researching and preparing your case.

    Recent updates:

    • Update: January 2022

      Dear Subscriber:

      Thank you for choosing to keep your copy of Trying Drug Cases in Massachusetts up-to-date with this revised edition. Inside, you will find new information, cites, and insights on subjects such as the following:

      • Trafficking. See chapter 1 for a new section on the crime of trafficking in carfentanil or its derivatives and discussion of the penalty associated with this offense. Chapter 1 also updates the reader on new cases relative to trafficking in other types of controlled substances and new sections on sales to minors and inducement of minors to sell various classes of substances.
      • Possession. See chapter 2 for new material on actual and constructive possession charges and the government’s duty to prove possession. The chapter includes new case decisions, along with information on the "particular link" requirement regarding drugs found in the home. The chapter discusses the probative value of the sound of home occupants "scurrying" within the home at the approach of police. Distinctions between dwelling places and stash houses or "hot" houses are also presented.
      • Discovery. See chapter 3 for a practice note on a recent case where the Supreme Judicial Court discussed defendants' right to discover evidence of racial bias in law enforcement stops. The 2020 decision addressed a defendant's right to reasonable discovery of evidence concerning the totality of the circumstances of the traffic stop.

      We at MCLE trust that you will find this material useful in your criminal law practice and valuable in keeping your law library current.

      Very truly yours,

      Maryanne G. Jensen, Esq., Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    Elements of Drug Offenses

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    Helle Sachse, Esq., Office of the Attorney General, Commonwealth of Massachusetts
    Chapter 2 expand

    Defenses to Drug Offenses

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    Chapter 3 expand

    Discovery Practice and Pretrial Conferences

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    Exhibit 3A

    - Motion for Funds for an Investigator and Affidavit in Support Buy Form

    Exhibit 3B

    - Motion to Release Impounded Documents to Counsel for the Defendant and Court Order Buy Form

    Exhibit 3C

    - Defendant’s Motion to Preserve Oral Communication Buy Form

    Exhibit 3D

    - Defendant’s Motion to Preserve Police Notes Buy Form

    Exhibit 3E

    - Proposed Supplemental Addendum to Conference Report Buy Form

    Exhibit 3F

    - Specific Requests Regarding Bias and Motive of Witness to Lie Not Limited to Confidential Informants Buy Form

    Exhibit 3G

    - Motion for Discovery of K-9 Tracking Dog and Information and Suggestions in Support Thereof Buy Form

    Exhibit 3H

    - Motion for Bill of Particulars Buy Form

    Exhibit 3I

    - Reserved

    Exhibit 3J

    - Motion for Discovery of Drug Analysis Buy Form

    Exhibit 3K

    - Department of State Police General Order INV-02, Confidential Informants Buy Form

    Exhibit 3L

    - Boston Police Rule 333: Confidential Informant Procedures Buy Form
    Chapter 4 expand

    Exhibit 4A

    - Reserved

    Exhibit 4B

    - Reserved

    Exhibit 4C

    - Reserved

    Exhibit 4D

    - Motion for Exculpatory Evidence Involving Informant Buy Form

    Exhibit 4E

    - Affidavit in Support of Defendant’s Motion for Exculpatory Evidence Involving Informant Buy Form

    Exhibit 4F

    - Motion for Informant Information Buy Form

    Exhibit 4G

    - Motion to Produce Police Records Buy Form

    Exhibit 4H

    - Motion for Disclosure of Surveillance Information Buy Form

    Exhibit 4I

    - Supporting Memorandum of Law Regarding Disclosure of Informant Information Buy Form

    Exhibit 4J

    - Motion for Disclosure of Precise Location of Seized Evidence Buy Form
    Chapter 5 expand

    Challenges to Search Warrants

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    Exhibit 5A

    - Sample Motion to Suppress Search Warrant with Accompanying Memorandum of Law Buy Form
    Chapter 6 expand
    Chapter 7 expand

    Exhibit 7A

    - Post–Melendez-Diaz Drug Expert Discovery Ideas Checklist Buy Form

    Exhibit 7B

    - Defendant’s Motion in Limine to Exclude Testimony of Drug Recognition Expert Buy Form

    Exhibit 7C

    - Commonwealth’s Motion in Limine to Qualify Detective as an Expert Buy Form

    Exhibit 7D

    - Outline of Examination of Drug Chemist/?Analyst Buy Form

    Exhibit 7E

    - Daubert Challenges to Experts in Federal Criminal Cases: An Overlooked Defense Buy Form

    Exhibit 7F

    - Defendant’s Memorandum of Law in Support of Motion to Exclude the Commonwealth’s Proposed Expert Testimony Buy Form

    Exhibit 7G

    - Motion in Limine to Prohibit Evidence Regarding Drug-Sniffing Dog’s Alert to Currency Buy Form

    Exhibit 7H

    - Evaluating Dog Scent Evidence: Where Do I Start? Buy Form

    Exhibit 7I

    - Department of State Police General Order TOP-05 Regarding Canines Buy Form

    Exhibit 7J

    - Motion in Limine to Preclude Testimony Regarding “Presumptive Tests” Buy Form
    Chapter 8 expand

    Scientific Evidence and Protocols

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    Andrew Eugene Cowan, Esq.,

    Exhibit 8A

    - Glossary of Forensic Chemistry Terms Buy Form

    Exhibit 8B

    - NIJ Standard 0604.01: Color Test Regeants/Kits for Preliminary Identification of Drugs of Abuse Buy Form

    Exhibit 8C

    - Protocol for the Analysis of General Unknown Powders and Liquid Samples Buy Form

    Exhibit 8D

    - Protocol for the Analysis of Isobutyl Nitrite or Butyl Nitrate Samples Buy Form

    Exhibit 8E

    - Protocol for the Analysis of Lysergic Acid Diethylamide (LSD) Buy Form

    Exhibit 8F

    - Protocol for the Analysis of Marihuana Samples Buy Form

    Exhibit 8G

    - Protocol for the Analysis of Mushroom Matter Buy Form

    Exhibit 8H

    - Protocol for the Analysis of Residue Samples Buy Form

    Exhibit 8I

    - Protocol for the Analysis of Resinous Matter Buy Form

    Exhibit 8J

    - Protocol for the Analysis of Tablets and Capsules Buy Form

    Exhibit 8K

    - Protocol for the Testing of Multiple Sample Drug Cases Buy Form
    Chapter 9 expand

    Trial Issues Post–Melendez-Diaz

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    Keren E. Goldenberg, Esq., Law Offices of Keren Goldenberg

    Exhibit 9A

    - Melendez-Diaz and the Application of Crawford in the Lab Buy Form

    Exhibit 9B

    - Affidavit in Support of Motion to Exclude Opinion Testimony Regarding Visual Identification of Suspected Marijuana Buy Form

    Exhibit 9C

    - Affidavit in Support of Motion to Exclude Opinion Testimony Regarding Visual Identification of Suspected Controlled Substance (Powders) Buy Form

    Exhibit 9D

    - Motion for Evidentiary Hearing and Exclusion of Improper Opinion Testimony Regarding Visual Identification of Alleged “Marijuana” Buy Form

    Exhibit 9E

    - Motion to Exclude Opinion Testimony Regarding Suspected Controlled Substance Buy Form

    Exhibit 9F

    - Motion in Limine to Preclude Testimony Regarding “Field Tests” Buy Form

    Exhibit 9G

    - Motion in Limine to Preclude Testimony Regarding “Presumptive Tests” Buy Form

    Exhibit 9H

    - Motion in Limine and Supporting Memorandum for Voir Dire of Proposed Expert Witness (Police Expert Testimony) Buy Form

    Exhibit 9I

    - Motion for Required Finding of Not Guilty (Visual Identification of Suspected Controlled Substance) Buy Form

    Exhibit 9J

    - Motion for Required Finding of Not Guilty (Use of Color Test Reagent) Buy Form

    Exhibit 9K

    - Motion for Jury Instruction Regarding Police Officer Opinion on Identity of Substance Buy Form

    Exhibit 9L

    - Presentation by State Police Crime Laboratory Chemist Buy Form

    Exhibit 9M

    - Affidavit Regarding Analyses of Suspected Illegal Controlled Substances That After Testing Resulted in a Negative Drug Analysis Buy Form

    Exhibit 9N

    - Official Court Juror Questionnaire Buy Form
    Chapter 10 expand

    Voir Dire Issues

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    Jason Benzaken, Esq., Benzaken, Maguire, Sheehan, and Wood LLP
    Joshua J. Wood, Esq., Benzaken, Maguire, Sheehan, and Wood LLP

    Exhibit 10A

    - State of North Carolina v. Jimmy Waylon Ward Buy Form

    Exhibit 10B

    - Reserved

    Exhibit 10C

    - Motion for Voir Dire and Supporting Affidavits Buy Form

    Exhibit 10D

    - Superior Court and District Court Addenda Dealing with Panel Voir Dire Procedures Buy Form
    Chapter 12 expand

    Cross-Examination

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    Paul R. Rudof, Esq., Elkins, Auer, Rudof & Schiff LLP
    Chapter 13 expand

    Jury Instructions

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    Jeremy C. Bucci, Esq., Northwestern District Attorney's Office, Commonwealth of Massachusetts
    Chapter 14 expand

    Interlocutory Appeals

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    Katherine E. McMahon, Esq., Hampden County District Attorney's Office, Commonwealth of Massachusetts
    Shane T. O'Sullivan, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts

    Exhibit 14A

    - Commonwealth’sNotice of Interlocutory Appeal Buy Form

    Exhibit 14B

    - Commonwealth’s Motion for Stay of Proceedings Buy Form

    Exhibit 14C

    - Defendant’s Petition for Interlocutory Appeal and Stay of Proceedings Buy Form

    Exhibit 14D

    - Affidavit in Support of Defendant’s Petition for Interlocutory Appeal and Stay of Proceedings Buy Form

    Exhibit 14E

    - Defendant’s Notice of Appeal Buy Form

    Exhibit 14F

    - Defendant’s Motion for Waiver of Entry Fee Buy Form

    Exhibit 14G

    - Affidavit in Support of Defendant’s Motion for Waiver of Entry Fee Buy Form

    Exhibit 14H

    - Memorandum of Law in Support of Defendant’s Petition for Interlocutory Appeal Buy Form

    Exhibit 14I

    - Supplemental Memorandum of Law in Support of Defendant’s Petition for Interlocutory Appeal Buy Form

    Exhibit 14J

    - Commonwealth’s Petition for Relief from an Order Barring the Admission of Competent Evidence at Defendant’s Probating Revocation Hearing Buy Form

    Exhibit 14K

    - Commonwealth’s Memorandum of Law in Support of Petition for Relief from an Order Barring the Admission of Competent Evidence at Defendant’s Probation Revocation Hearing Buy Form

    Exhibit 14L

    - Commonwealth’s G.L. c. 211, § 3 Petition Seeking Relief from an Order Requiring It to Disclose the Identity of a Confidential Informant Buy Form

    Exhibit 14M

    - Commonwealth’s Memorandum of Law in Support of Its G.L. c. 211, § 3 Petition Seeking Relief from an Order Requiring It to Disclose the Identity of a Confidential Informant Buy Form

    Exhibit 14N

    - Commonwealth’s Memorandum in Opposition to Defendant’s Petition for Relief Under G.L. c. 211, § 3 Buy Form

    Exhibit 14O

    - Commonwealth’s Motion for Stay of Proceedings Pursuant to Mass. R. Crim. P. 15 Buy Form

    Exhibit 14P

    - Commonwealth’s Mass. R. Crim. P. 15(a)(2) (2017) & G.L. c. 278, § 28E Application Seeking Leave to Appeal an Order Allowing the Defendant’s Motion to Suppress Buy Form

    Exhibit 14Q

    - Commonwealth’s Opposition to Defendant’s Application Pursuant to Mass. R. Crim. P. 15(a)(2) for Leave to Appeal Order Denying Motion to Suppress Buy Form
    Chapter 15 expand

    Collateral Consequences

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  • Editors & Authors

    Editor(s)

    Author(s)

    Jason Benzaken, Esq., Benzaken, Maguire, Sheehan, and Wood LLP, Brockton
    Jeremy C. Bucci, Esq., Northwestern District Attorney's Office, Commonwealth of Massachusetts, Northampton
    Jason T. Green, Esq., Committee for Public Counsel Services, Brockton
    Victoria Kelleher, Esq., Law Office of Victoria Kelleher, Boston
    J. Scott Lauer, Esq., Federal Public Defender Office, Boston
    Katherine E. McMahon, Esq., Hampden County District Attorney's Office, Commonwealth of Massachusetts, Springfield
    Shane T. O'Sullivan, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts, Boston
    Andrew W. Piltser Cowan, Esq., PiltserCowan Law, Boston
    Paul R. Rudof, Esq., Elkins, Auer, Rudof & Schiff LLP, Northampton
    Helle Sachse, Esq., Office of the Attorney General, Commonwealth of Massachusetts, Boston
    Molly Ryan Strehorn, Esq., Law Office of Molly Ryan Strehorn , Amherst
    Joshua J. Wood, Esq., Benzaken, Maguire, Sheehan, and Wood LLP, Brockton
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