Massachusetts Court of Appeals

98 Mass. App. Ct. 1102 (2020)

DEFENDANT WAS CONVICTED OF FELONY DRUG OFFENSES AFTER A TRIAL, BUT ATTORNEY PATRICK J. NOONAN CONVINCES THE MASSACHUSETTS COURT OF APPEALS TO REVERSE HIS CONVICTIONS AND NOT GUILTY FINDINGS ARE ENTERED FOR THE DEFENDANT

Attorney Patrick J. Noonan represented this client since he was arrested in 2016 on two-counts of Possession with Intent to Distribute Heroin and Marijuana. In this case, a Confidential Informant (CI) provided Brockton Police with information that the Defendant was selling heroin in Brockton. The CI engaged in two controlled buys for drugs with the Defendant under the supervision of Brockton Police. In the two controlled buys, Police observed the Defendant meet the CI and engaged in a drug transaction. After each controlled buy, the drugs were field tested as positive for heroin. As a result of the information supplied by the CI, and the two controlled buys, police obtained a search warrant to search the Defendant’s home in Brockton for drugs. When executing the search warrant, police found 37 bags containing a half-ounce of heroin, and glass jars containing over 3 lbs. of marijuana. As a result of the search, Brockton Police charged the Defendant with Possession with Intent to Distribute Heroin, and Possession with Intent to Distribute Marijuana (G.L. c. 94C, §32C(a)).

Result: In the Brockton District Court, Attorney Noonan filed a Motion to Suppress evidence obtained as a result of the search warrant, which was denied. Attorney Noonan filed an emergency appeal to the Massachusetts Court of Appeals appealing the denial of his Motion to Suppress, which was also denied. Attorney Noonan also represented the Defendant at his jury trial in the Brockton District Court, which ended in guilty verdicts. This time, Attorney Noonan was successful in his appeal to the Massachusetts Court of Appeals, which resulted in the reversal of his convictions, and Not Guilty findings were entered for the Defendant.

“Police seize half ounce of heroin, 3lbs of marijuana from Brockton brothers.” https://www.enterprisenews.com/news/20160629/police-seize-half-ounce-of-heroin-3lbs-of-marijuana-from-brockton-brothers

 

Read the Appeals Court’s decision in Commonwealth v. Gregory Pierre-Charles.

 

See Video of Attorney Patrick J. Noonan arguing the appeal before the Massachusetts Court of Appeals.