Suffolk Lawyers for Justice recently filed an amicus brief in the cases of Commonwealth v. Paul Gomes and Commonwealth v. Christopher Little (SJC-10255).  SLJ Board member and New England School of Law Professor David Siegel was the lead author of the brief, which was submitted to the Massachusetts Supreme Judicial Court on November 5, 2008.  

 

Issues raised in the cases were:

  • Whether in the circumstances of this case expert testimony was required to prove that the quantity and packaging of the drugs the defendant possessed were consistent with an intent to distribute (Little); and 

  • In an appeal from a conviction of possession of marijuana with intent to distribute involving about half an ounce of marijuana in fifteen small plastic bags, whether the judge correctly allowed a police officer to give an expert opinion that the marijuana evidence was "more consistent with distribution" than with personal use, based on assertions that had no apparent empirical foundation. (Gomes)

 Oral argument is scheduled for November.  To read a copy of the brief, click here.

SLJ is always looking for people interested in law reform issues to help with amicus briefs or in pursuing other avenues to improve justice for indigent criminal defendants.  Please contact Mary Lu Mendonca or Professor Siegel if you are interested in working with SLJ to promote reform on a particular issue.

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