No. 21-6612

Brian Cavitt v. Massachusetts

Lower Court: Massachusetts
Docketed: 2021-12-15
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review constitutional-rights criminal-procedure dna-integrity due-process fair-trial forensic-evidence misleading-jury perjury quality-assurance trial-procedure
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2022-04-29 (distributed 2 times)
Question Presented (AI Summary)

Where an incomplete DNA profile allegedly from a knife handle is falsely or scientifically concluded to be a 'match' to a victim's complete DNA profile, and is not only offered as evidence in a DNA STR conclusion report signed by the lead analyst and a reviewing analyst but testified to at trial as a complete and accurate report by the lead analyst to a jury

Question Presented (OCR Extract)

No question identified. : nme Quesm®) TResestes H) Where an incomplete dvi prflle allegedly fom @ Knife handle ,is frlsely ~ scremkfreally cmduded to be a'match’ bo a vickins complete DNA profile, and Vs rot only offered as erdence In a DNR STR comclution report 5|gred by the lead analyst and a reviewing analyst but teshifed teat trial as a complete and accurate repart by the lead analyst to a joy, dees tis: A.) Vislale the defendants Conshhutimed Due precess guaranteed by Hre 54 Lb UH Rmendments, apd right to a fair al 7 . . B.) Compromise the in fegiby/voracity of the PNA She cmchuion ceperk?, an) Violate the Fa\'s Divi Aduisery Beard Quali Assurance Standards? db.) Coste Perjury 7 E.) Mislead the jury ?; . a) Where a DWH emdusion is prven to be sclentfically false, supported by an affidavit [rn a Sevlegical [DUD expert consultart, and the DNA | evidence has been exhausted during inthal testing, along whth Several ether , DNA evidence, leaving \+ bnpassible to be retested does this: A.) Compromise the Inbegrity of all of the DND rerults; B.) Reorder the veracthy of the DNA results illegitimate 5 . C.) Require all of the DNA results ty be Hhrwn out ar evidence; . D:) Require a new mal or evidentary hearing) 3) where a false SaentFe conclusion Cem prom ifing the inte rity and . veracity of a DNA-StR emndusion report and its results IS Shawn ond prven, and bolb dmal and appellate attorneys mused | gnored | Chese not te object 0, or appeal the issue, cles this ¢ A) Coste ineffechve assisdance of counsels B) Viclale the defendants Constibunal Due Pucess rights guaranteed by the SH, Wit yard 14 bmendments, and bis right 40 , ePfectve counsel , also guaranteed by Adticle 12 of the Massachusetts | Declaradion oP Rights ; | | | | 4) whe tral counsel withhelds the knasledge of the only favorable eyeuliness whe provides a cmcise tmelne that provides the dofendand wlth an alibi, declining to call them to tests Py, ard appellede coms refuses to appeal thal counsels decisions, does this: A) Bqucde +o Meffectve assistance of beth tial and appellate counselors malcing a manifestly unreasonable” deasimy B,) Vielade the S#, band |G amendmen’ right +o due: Process. and the rig ht to comansed, as well ar Hele Iz af the Mass. Declared oft Rights, rfghh to counsel + . ; 5) whore Massachusetts State law allavs Claw of ineffective aS Stance of ; beth trial and appellant counsels +o be made ‘in motion for new dyral by , a defendant, ih accordance with Ariche 12 of the Declarahin of Rights, ard a\lavs for the exception of Ineffectve assistance of trial and for appellabe course mm granting a new trial motion even if. they did not . object or valse alleged errer on appeal , does it! . A) Viola the defendants night do a new and falr, thal to deny hin a new tial becaufe the court deems the claims are not “new and subslanhial” because beth tial and appel lade counsels knew of , He ‘sues? G) violate the defendants {git of due process Guaranteed by the S# GE, and. \4e Prmendinens , and right +0 camnsel also | | | guaranteed by Article Def the Oeclaraha of Rights. 7 6) Where Plenary Reviews is mandated tn capital [Lise degree. murder evict under Massachusetts lad , of the entre record and the review dees not uncover any errow of law, Sharld he reviews, cour be deemed" inePPechve" in tks Plenary review where errors of law have dcaurred jn the record yet were overlooked or ignored by the court ? F) where a police report, approved by a Supetor officer, gives « complladin of gyewhiness desenphims ef a Supect, and a smgle deseriphin (peck marked face) not Piting the defendant 1s later removed fromthe ~~ . report by the approving Supericr oPhicer, when Filing for an arrest warrant of the defendant, and Hal deseriptim can net be attabuted to any known eyewtbaesses or eyewitness Sohements, does this A)Sheo Prat police withheld a material eyerutiness and . exculpatery eyerntinresS Statement | | B) Violate the defendants s#, GE sand \Ui pmendment dghts te due proces

Docket Entries

2022-05-02
Rehearing DENIED.
2022-04-13
DISTRIBUTED for Conference of 4/29/2022.
2022-03-08
Petition for Rehearing filed.
2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-14
Waiver of right of respondent Massachusetts to respond filed.
2021-12-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2022)

Attorneys

Brian Cavitt
Brian Cavitt — Petitioner
Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent