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COMMONWEALTH v. LANIGAN

413 Mass. 154 (1992)

596 N.E.2d 311

COMMONWEALTH vs. THOMAS J. LANIGAN (and four companion cases). COMMONWEALTH vs. LEO BREADMORE (and thirty-three companion cases).

Supreme Judicial Court of Massachusetts, Norfolk.

July 20, 1992.

Attorney(s) appearing for the Case

Stephanie Martin Glennon, Assistant District Attorney (Marianne C. Hinkle, Assistant District Attorney, with her) for the Commonwealth.

William C. McPhee (Dolores E. O'Neill with him) for Thomas Lanigan.

Brownlow M. Speer, Committee for Public Counsel Services (Gordon A. Oppenheim, Committee for Public Counsel Services, with him) for Leo Breadmore, Jr.

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

LIACOS, C.J.

After a consolidated pretrial hearing, a judge of the Superior Court ruled that evidence regarding forensic tests of the defendants' deoxyribonucleic acid (DNA) could not be admitted at the defendants' criminal trials. The Commonwealth sought leave to appeal from a single justice of this court. The single justice concluded that the order of the Superior Court judge was the equivalent of the allowance of a motion to suppress and, hence, allowed the Commonwealth...

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