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COMMONWEALTH v. MAXWELL

441 Mass. 773 (2004)

COMMONWEALTH v. JASON R. MAXWELL.

Supreme Judicial Court of Massachusetts, Essex.

May 25, 2004.

Attorney(s) appearing for the Case

Mark C. Rogers for Caritas Holy Family Hospital.

Henry Lebensbaum (Stephen C. Hoctor with him) for the defendant.

Marcia H. Slingerland, Assistant District Attorney, for the Commonwealth.

Jane Larmon White, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

A judge in the District Court reported two questions to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979). We transferred the case to this court on our own motion. The first question concerns the nature and scope of the showing required of the Commonwealth before a defendant may be ordered to submit to a buccal swab for deoxyribonucleic acid (DNA) analysis.1 The second question concerns whether and how...

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