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COMMONWEALTH v. RODRIGUEZ

No. 04-P-97.

63 Mass. App. Ct. 660 (2005)

COMMONWEALTH v. ISAAC RODRIGUEZ (and a companion case).

Appeals Court of Massachusetts, Suffolk.

June 6, 2005.

Attorney(s) appearing for the Case

Paula Finley Mangum for Isaac Rodriguez.

Robert D. Dimler for Dorman Lopez.

Carina Canaan (Paul B. Linn, Assistant District Attorney, with her) for the Commonwealth.

Present: Armstrong, C.J., Brown, & Kafker, JJ.

KAFKER, J.

After a joint jury trial in Superior Court, the defendants, Dorman Lopez and Isaac Rodriguez, were both found guilty of trafficking in cocaine in amounts exceeding 200 grams.2 On appeal, the defendants argue that the judge (1) improperly discharged juror thirteen, apparently a hold-out juror on a then-deadlocked jury, for comments that she made about other jurors while she...

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