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COMMONWEALTH v. HALLINAN

SJC-13301.

491 Mass. 730 (2023)

COMMONWEALTH v. LINDSAY A. HALLINAN.

Supreme Judicial Court of Massachusetts, Essex.

April 26, 2023.

Attorney(s) appearing for the Case

Murat Erkan (Joseph D. Bernard also present) for the defendant.

David F. O'Sullivan, Assistant District Attorney, for the Commonwealth.

Ira L. Gant, Nathan Tamulis, Patricia Muse, & Ben Leatherman, Committee for Public Counsel Services, & Joshua M. Daniels, for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Amy Spector, Assistant Attorney General, for Registry of Motor Vehicles, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

In this case we are asked to exercise our extraordinary superintendence powers under G. L. c. 211, § 3, in light of government misconduct involving the State police office of alcohol testing (OAT) and its use of the Draeger Alcotest 9510 breathalyzer device. In November 2013, the defendant...

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