LUNA v. SUPERIOR COURT


407 Mass. 747 (1990)

555 N.E.2d 881

CARLOS LUNA vs. SUPERIOR COURT.

Supreme Judicial Court of Massachusetts, Suffolk.

June 27, 1990.


Attorney(s) appearing for the Case

Willie J. Davis for the petitioner.

Max D. Stern (Patricia Garin with him) for Albert Lewin, intervener.

Tobin N. Harvey, Deputy Attorney General (Jill S. Plancher, Assistant Attorney General, with him) for the Attorney General, amicus curiae.

Present: LIACOS, C.J., NOLAN, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

Detective Carlos Luna of the Boston police department (petitioner) appeals from successive denials by single justices of this court of his petitions under G.L.c. 211, § 3 (1988 ed.), seeking relief from the orders of a Superior Court judge compelling him to testify in connection with criminal proceedings against Albert Lewin. In both cases the petitioner asserted that the orders would violate his privilege against self-incrimination under the Fifth...

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