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Commonwealth v. Boria Opinion Summary: Defendant was convicted of distributing cocaine, second offense, in violation of G.L.c. 94C, section 32A(d), and sentenced to a five-year mandatory term of imprisonment. At issue was whether appellate counsel was ineffective for failing to raise the issue of the admissibility of the drug certificate in her direct appeal and for further failing to seek a stay of the appeal while Commonwealth v. Melendez-Diaz was pending in the Supreme Court. The court held that the rule announced in Melendez-Diaz was a new rule not applicable to convictions, such as defendant's, that had become final prior to its issuance. Consequently, there was no error in the admission of the drug certificate at defendant's trial based on the law in effect at the time. Because the court also held that defendant's attempt to obtain relief under the rubric of ineffective assistance of appellate counsel failed, the court affirmed the denial of her motion for a new trial.

COMMONWEALTH vs. Yainira BORIA. SJC-10833. April 5, 2011. - July 26, 2011. Controlled Substances. Constitutional Law, Retroactivity of judicial holding, Assistance of counsel, Confrontation of witnesses. Practice, Criminal, Retroactivity of judicial holding, Assistance of counsel, Confrontation of witnesses. Evidence, Certificate of drug analysis. INDICTMENTS found and returned in the Superior Court Department on August 19, 2005. After review by the Appeals Court, 72 Mass.App.Ct. 1113 (2008), a motion for postconviction relief, filed November 5, 2009, was heard by Jeffrey A. Locke, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Gail S. Strassfeld for the defendant. Robert C. Thompson, Assistant District Attorney, for the Commonwealth. Daniel F. Conley, District Attorney, & Paul B. Linn, Assistant District Attorney, for District Attorney for the Suffolk District, amicus curiae, submitted a brief. Brownlow M. Speer & Donald S. Bronstein, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, & Duffly, JJ. CORDY, J. Yainira Boria was convicted of distributing cocaine, second offense, in violation of G.L. c. 94C,

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Massachusetts Law