Commonwealth v. HorneAnnotate this Case
After a jury trial, Defendant was convicted of possession of cocaine with intent to distribute. The Appeals Court affirmed. Defendant appealed, arguing that the admission into evidence of expert testimony opining as to the typical physical characteristics of “crack” cocaine addicts was inadmissible “negative profiling” evidence. The Supreme Judicial Court agreed with Defendant and vacated the judgment, holding (1) the trial court erred in admitting the expert’s testimony concerning the physical characteristics of crack cocaine addictions; and (2) the error created a substantial risk of a miscarriage of justice. Remanded for further proceedings.