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
Latest Conference: 2022-04-29 (distributed 2 times)
Question Presented (from Petition)

1) 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 malking 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 dy

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

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