Massachusetts Supreme Judicial Court· 3/6/2003

Commonwealth v. Cintron

Citations

438 Mass. 779
784 N.E.2d 617
2003 Mass. LEXIS 179

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

affirming denial of motion to dismiss or suppress due to defendant’s failure to show that access to original fingerprint would have provided evidence more favorable than photographs of fingerprint
affirming denial of motion to dismiss or suppress due to defendant’s failure to show that access to original fingerprint would have provided evidence more favorable than did access to photographs of fingerprint
no need to challenge Commonwealth’s forensic evidence because it was not inconsistent with theory of defense
\A defendant who seeks relief from the loss or destruction of potentially exculpatory evidence has the initial burden to establish a reasonable possibility . . . that access . . . would have produced evidence favorable to his cause\ [quotations and citations omitted]
“It is not enough for a defendant merely to argue . . . that, with access to the evidence, his expert ‘could have made potentially exculpatory findings.’ Standing as it does, ‘could have’ is merely an introduction to speculation and is not a substitute for ‘concrete evidence’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Spina

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Cites

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