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COMMONWEALTH v. ODGREN

455 Mass. 171 (2009)

COMMONWEALTH v. JOHN ODGREN.

Supreme Judicial Court of Massachusetts, Middlesex.

October 15, 2009.

Attorney(s) appearing for the Case

Marguerite T. Grant, Assistant District Attorney (Daniel J. Bennett, Assistant District Attorney, with her) for the Commonwealth.

Jonathan Shapiro (Patricia L. Garin with him) for the defendant.

Carlene A. Pennell, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

We consider whether the Commonwealth, in a criminal case, may seek the production of records from a third party in advance of trial or an evidentiary hearing by issuing a subpoena duces tecum directly to the party under G. L. c. 277, § 68, or whether it must first obtain judicial approval, pursuant to Mass. R. Crim. P. 17 (a) (2), 378 Mass. 885 (1979), as construed by Commonwealth v. Lampron, 441 Mass. 265

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