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COMMONWEALTH v. HALLINAN

SJC-13301.

491 Mass. 730 (2023)

COMMONWEALTH v. LINDSAY A. HALLINAN.

Supreme Judicial Court of Massachusetts, Essex.

April 26, 2023.

Attorney(s) appearing for the Case

Murat Erkan ( Joseph D. Bernard also present) for the defendant.

David F. O'Sullivan , Assistant District Attorney, for the Commonwealth.

Ira L. Gant , Nathan Tamulis , Patricia Muse , & Ben Leatherman , Committee for Public Counsel Services, & Joshua M. Daniels , for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Amy Spector , Assistant Attorney General, for Registry of Motor Vehicles, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

In this case we are asked to exercise our extraordinary superintendence powers under G. L. c. 211, § 3, in light of government misconduct involving the State police office of alcohol testing (OAT) and its use of the Draeger Alcotest 9510 breathalyzer device. In November 2013, the defendant...

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