COMMONWEALTH v. HOLLISTER

No. 08-P-1080.

75 Mass. App. Ct. 729 (2009)

COMMONWEALTH v. DANIEL C. HOLLISTER.

Appeals Court of Massachusetts, Franklin.

November 17, 2009.


Attorney(s) appearing for the Case

Lisa M. Kavanaugh, Committee for Public Counsel Services, for the defendant.

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Present: KAFKER, DREBEN, & WOLOHOHAN, JJ.


WOLOHOJIAN, J.

We consider whether admission of a ballistician's certificate in violation of the confrontation clause of the Sixth Amendment to the United States Constitution was harmless beyond a reasonable doubt and conclude that it was not.

The defendant, who was found near his truck that had a loaded gun in its unlocked glove compartment, was convicted, after a bench trial, of unlawful possession of a firearm (G. L. c. 269, § 10[h]), carrying...

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