Commonwealth v. Myers
971 N.E.2d 815
Mass. App. Ct.2012Background
- Defendant Larinso Myers was jury-waived tried and convicted of possession with intent to distribute cocaine (counts 1–2) and oxycodone (count 3); he pleaded guilty as a subsequent offender on each count after trial.
- Trooper stop on Route 128 at night after observed lane violations; defendant, passengers, and cash/arrest evidence discovered during patfrisk and vehicle search.
- Evidence seized included cocaine in door pockets, a film canister with cocaine, a bag with oxycodone/methadone, and heroin; large cash found on person.
- Motion to suppress evidence from stop/search/arrest denied by suppression judge; trial proceeded with certificates of drug analysis admitted.
- Defendant challenged the drug analysis certificates management and whether defense counsel could stipulate to their admission without a personal waiver colloquy; defense counsel stipulated in presence of defendant.
- Judgment affirmed on appeal; Melendez-Diaz context noted; no colloquy required for waiver of confrontation under current Massachusetts rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suppression was proper for stop/search | Myers | Myers | No; stop/search justified by safety/totality of circumstances |
| Sufficiency of distributive-intent evidence | Commonwealth | Myers | Yes; evidence viewed in light most favorable supports intent to distribute |
| Waiver of right to confront analyst via defense counsel stipulation | Commonwealth | Myers | Waiver without colloquy permissible; no personal waiver required in this case |
| Confrontation rights post-Melendez-Diaz | Commonwealth | Myers | Not a due-process issue; defense strategy allowed counsel to stipulate; no error |
| Impact of defense counsel’s stipulation on burden of proof | Commonwealth | Myers | Stipulation did not relieve Commonwealth of proving all elements beyond a reasonable doubt |
Key Cases Cited
- Commonwealth v. Stephens, 451 Mass. 370 (Mass. 2008) (standard for reviewing suppression rulings; weight/credibility not reviewable)
- Commonwealth v. Goewey, 452 Mass. 399 (Mass. 2008) (safety-based exit orders and patfrisks justified by totality of circumstances)
- Commonwealth v. Bostock, 450 Mass. 616 (Mass. 2008) (patfrisk and protective sweep standards)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (U.S. 2009) (drug-analysis certificates; confrontation rights depend on waiver rules)
- Commonwealth v. Amirault, 424 Mass. 618 (Mass. 1997) (limits on requiring personal waiver for confrontation right)
- Conley v. Commonwealth, 43 Mass. App. Ct. 385 (Mass. App. Ct. 1997) (rights waivable as strategic decisions by counsel)
- Cruzado v. Puerto Rico, 210 F.2d 789 (1st Cir. 1954) (counsel may waive confrontation; defendant acquiesces absent objection)
- Taylor v. Illinois, 484 U.S. 400 (U.S. 1988) (control of trial strategy by counsel; client bound by counsel actions)
- New York v. Hill, 528 U.S. 110 (U.S. 2000) (private consultation between defendant and counsel; trial decisions)