Product Description

Recent updates:

• Update: October 2019

  Dear Subscriber:

  Thank you for updating your library with the 2019 supplement to Trying Drug Cases in Massachusetts. Some of the highlights of this supplement are as follows:

  • An updated review of the elements of drug offenses under Massachusetts law in Chapter 1.

  • New cases on the types of corroborating evidence to support intent to distribute in Chapter 2.

  • A detailed explanation of determining whether an informant's identity may be properly withheld in Chapter 4.

  • Comprehensive guidance on conducting individual voir dire in Chapter 10.

  • Updated jury instructions in Chapter 13.

  We trust you will find this updated resource to be a valuable aid in your criminal law practice.

  Very truly yours,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: July 2015

  Dear Subscriber:

  Thank you for updating your library with the 2015 supplement to Trying Drug Cases in Massachusetts. Among the many developments in law and practice addressed in this supplement are

  • changes in mandatory minimum sentences for certain drug offenses and a reduction in the size of school zones used in identifying drug sales on or near school property;

  • developments in the law governing Daubert-Lanigan challenges to expert evidence;

  • extrapolation issues in the weighing of drug samples;

  • case law on the facts used to determine intent to distribute;

  • the effect of marijuana decriminalization (applicable to possession of one ounce or less) in cases in which police officers rely on the odor of marijuana to justify a search;

  • updated jury instructions applicable to drug cases;

  • case law on searches of cellphones;

  • legislation authorizing the use of attorney-conducted voir dire in Superior Court;

  • misconduct and improper procedures at state drug-testing laboratories;

  • appeals from decisions on suppression motions under Rule 15 of the Massachusetts Rules of Criminal Procedure; and

  • developments relating to the collateral consequences of drug offenses, including immigration, employment, public benefits, and civil forfeiture.

  We trust you will find this updated version of Trying Drug Cases in Massachusetts an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: October 2010

  Dear Subscriber:

  Thank you for updating your library with the 2010 edition of Trying Drug Cases in Massachusetts. This edition brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging and consequential area of practice.

  This latest edition contains substantial revisions and new chapter topics to reflect the many important developments that have taken place since the book was last updated. One of the most significant is the U.S. Supreme Court's opinion in Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009), holding that the admission of state police crime laboratory certificates of drug analysis (drug certificates) violated the defendant's Sixth Amendment right to confront the witnesses against him. This decision, which has broad implications for the handling of drug cases, is reflected in the addition of three new chapters, "Expert Witness Issues," "Scientific Evidence and Protocols," and "Trial Issues Post–Melendez-Diaz," as well as substantial revisions to existing materials on defenses, discovery, and cross-examination.

  Throughout the publication, the authors have updated their materials to reflect changes in law and practice—generating new sample forms, practice notes, information on forensic procedures and analysis, and citations to recent cases and amended statutes. (All of the book's exhibits are available on CD, and some two dozen are available in hard copy as well.)

  The cross-examination materials for this edition, which have been completely revised, include some thirty sample cross-examination excerpts illustrating the use of cross-examination to advance specific theories of defense. The jury instructions chapter has been completely revised as well, with frequent reference to the criminal model jury instructions recently revised by the District Court.

  We trust you will find this edition of Trying Drug Cases in Massachusetts an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

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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Cathleen L. Bennett, Esq., Committee for Public Counsel Services

Chapter 3 expand

Discovery Practice and Pretrial Conferences

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Cathleen L. Bennett, Esq., Committee for Public Counsel Services

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

Informant Issues

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Samantha LeBoeuf, Esq., Sasson, Turnbull, Ryan & Hoose
Luke Ryan, Esq., Sasson, Turnbull, Ryan & Hoose

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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Shira M. Diner, Esq., Todd & Weld LLP
J. Scott Lauer, Esq., Federal Public Defender Office

Exhibit 5A

- Sample Motion to Suppress Search Warrant with Accompanying Memorandum of Law Buy Form

Chapter 6 expand

Warrantless Searches

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Alison T. Bloomquist, Esq.,

Chapter 7 expand

Expert Witness Issues

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Anne C. Goldbach, Esq., Committee for Public Counsel Services
Nathan Tamulis, Esq., Committee for Public Counsel Services

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 & Wood LLP
Joshua J. Wood, Esq., Benzaken & 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 11 expand

Evidentiary Issues

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Michael R. Schneider, Esq., Good Schneider Cormier
Benjamin B. Selman, Esq., Committee for Public Counsel Services

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., Hampden 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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