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Commonwealth v. Walker

Appeals Court of Massachusetts.
Jun 11, 2012
81 Mass. App. Ct. 1141 (Mass. App. Ct. 2012)

Opinion

No. 11–P–1114.

2012-06-11

COMMONWEALTH v. Tomoko WALKER.


By the Court (BERRY, KAFKER & MEADE, JJ.).

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

Following a jury trial in 2005, the defendant was convicted of trafficking in cocaine, G.L. c. 94C, § 32E( b )(1), and a school zone violation, G.L. c. 94C, § 32J. This court affirmed the convictions in April, 2007, in a memorandum and order pursuant to our rule 1:28, Commonwealth v. Walker, 68 Mass.App.Ct. 1118 (2007), and the Supreme Judicial Court denied further appellate review, 449 Mass. 1105 (2007). In March, 2011, the defendant filed a motion for a new trial and a motion for reconsideration, both of which were denied. The defendant appeals the denial of those motions. We affirm.

The sole basis of the defendant's motions and appeal is his hope that the United States Supreme Court's ruling in Melendez–Diaz v. Massachusetts, 557 U.S. 305 (2009) ( Melendez–Diaz I ), will be applied retroactively to his case, which became final in 2007. However, the Supreme Judicial Court expressly held in Commonwealth v. Melendez–Diaz, 460 Mass. 238 (2011) ( Melendez–Diaz II ), that the rule announced in Melendez–Diaz I is a “new” rule within the meaning of Teague v. Lane, 489 U.S. 288 (1989), and, thus, is not to be applied retroactively. See Melendez–Diaz II, 460 Mass. at 239–240. No certiorari petition was filed in Melendez–Diaz II and the time within which to do so has passed. Accordingly, Melendez–Diaz II is controlling and the defendant's position is without merit. Orders denying motions for new trial and for reconsideration affirmed.


Summaries of

Commonwealth v. Walker

Appeals Court of Massachusetts.
Jun 11, 2012
81 Mass. App. Ct. 1141 (Mass. App. Ct. 2012)
Case details for

Commonwealth v. Walker

Case Details

Full title:COMMONWEALTH v. Tomoko WALKER.

Court:Appeals Court of Massachusetts.

Date published: Jun 11, 2012

Citations

81 Mass. App. Ct. 1141 (Mass. App. Ct. 2012)
968 N.E.2d 941