Commonwealth v. Little

Summary

The Massachusetts Supreme Judicial Court considered whether a narcotics investigator properly testified as an expert regarding possession of marijuana with intent to distribute and whether the trial judge properly ruled that the defendant’s prior drug-distribution convictions could be used for impeachment. The court upheld the admission of the expert testimony and found the evidence sufficient to support the charge. It nevertheless held that the ruling on the prior convictions created a substantial risk of a miscarriage of justice, reversed the conviction, and remanded for a new trial.

Holdings

1. The trial judge did not abuse his discretion in permitting Detective Keating to testify as an expert regarding whether the marijuana and surrounding circumstances were more consistent with distribution than personal use.
2. Any portions of Keating's testimony that exceeded his expertise did not require reversal because Little failed to object and the testimony did not create a substantial risk of a miscarriage of justice.
3. The evidence was sufficient for a rational jury to find beyond a reasonable doubt that Little possessed marijuana with intent to distribute, and the trial judge properly denied the motion for a required finding of not guilty.
4. The trial judge erred in ruling that Little's prior convictions for drug distribution and possession with intent to distribute would be admitted if he testified.

Questions Presented

1. Whether the trial judge properly admitted a narcotics investigator's expert testimony concerning whether the circumstances were consistent with possession for distribution rather than personal use.
2. Whether the evidence was sufficient to support a finding beyond a reasonable doubt that Little possessed marijuana with intent to distribute.
3. Whether the trial judge abused his discretion and created a substantial risk of a miscarriage of justice by ruling that substantially similar prior drug-distribution convictions could be admitted to impeach Little if he testified.

Disposition

reversed_and_remanded