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COMMONWEALTH v. GUERRERO

No. 90-P-889.

32 Mass. App. Ct. 263 (1992)

588 N.E.2d 716

COMMONWEALTH vs. RAMON GUERRERO (and two companion cases).

Appeals Court of Massachusetts, Plymouth.

March 23, 1992.

Attorney(s) appearing for the Case

Yvonne P. Toyloy, Committee for Public Counsel Services, for Emilio Mejias.

William M. Leonard for Jose A. Sanchez.

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

Thomas J. Freda, for Ramon Guerrero, was present but did not argue.

Present: KASS, SMITH, & GREENBERG, JJ.

KASS, J.

One of the defendants, Emilio Mejias, raises the question whether, in the light of Pennsylvania v. Muniz, 496 U.S. 582 (1990), answers to questions about employment at booking may be admitted as inculpatory evidence. Each defendant urges that he was entitled to a required finding of not guilty. Jose A. Sanchez, another defendant, argues that the evidence placed against him before the grand jury was insufficient...

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