PORETTA v. COMMONWEALTH


409 Mass. 763 (1991)

569 N.E.2d 794

JOSEPH PORETTA vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 10, 1991.


Attorney(s) appearing for the Case

Thomas B. Vawter for the plaintiff.

Robert J. Bender, Assistant District Attorney (George M. O'Connor, Assistant District Attorney, with him) for the Commonwealth.

Present: LIACOS, C.J., WILKINS, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

During the trial of codefendants Joseph Poretta, Kim Sullivan, and Robert J. Carr, for possession of cocaine with intent to distribute and trafficking in cocaine (G.L.c. 94C, §§ 32A, 32E [1988 ed.]), a Superior Court judge declared a mistrial on Poretta's motion. Poretta subsequently moved to dismiss the indictment on the ground that retrial was barred by double jeopardy principles under both State and Federal law. Another Superior Court judge...

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