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IN THE MATTER OF LAVIGNE

418 Mass. 831 (1994)

641 N.E.2d 1328

IN THE MATTER OF RICHARD R. LAVIGNE.

Supreme Judicial Court of Massachusetts, Hampden.

November 16, 1994.

Attorney(s) appearing for the Case

Patricia L. Garin (Max D. Stern with her) for the petitioner.

Elizabeth Dunphy Farris, Assistant District Attorney, for the Commonwealth.

Beth L. Eisenberg, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

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

NOLAN, J.

This appeal by Richard R. Lavigne from a Superior Court judge's order denying his motion for the return of a sample of his blood and allowing the Commonwealth's motion for access to the blood sample requires us to decide whether, and if so, in what circumstances, a judge may order a person not charged with a criminal offense nor the subject of a grand jury investigation to have blood extracted from his body. Because we decide that the compelled extraction...

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