COMMONWEALTH v. RIVERA

No. 06-P-1292.

76 Mass. App. Ct. 67 (2009)

COMMONWEALTH v. CARLOS RIVERA.

Appeals Court of Massachusetts, Suffolk.

December 30, 2009.


Attorney(s) appearing for the Case

Richard B. Klibaner for the defendant.

Argie K. Shapiro, Assistant Attorney General, for the Commonwealth.

Present: RAPOZA, C.J., DUFFLY, & CYPHER, JJ.


CYPHER, J.

We consider in this case, on remand from the United States Supreme Court, whether the admission of drug analysis certificates in violation of the confrontation clause of the Sixth Amendment to the United States Constitution was harmless beyond a reasonable doubt. We conclude it was not.

Background. The defendant, Carlos Rivera, was convicted on charges of trafficking in cocaine and heroin, both within a school zone, in September, 2005. We...

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