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COMMONWEALTH v. BERTINI

Nos. SJC-11163, SJC-11164.

466 Mass. 131 (2013)

COMMONWEALTH v. EUGENE BERTINI. COMMONWEALTH v. LESLIE BERTINI.

Supreme Judicial Court of Massachusetts, Suffolk.

August 6, 2013.

Attorney(s) appearing for the Case

Edward J. McCormick, III , for Eugene Bertini.

Marian T. Ryan , Assistant District Attorney ( John T. Mulcahy , Assistant District Attorney, with her) for the Commonwealth.

J. Gregory Batten for Leslie Bertini.

John T. Mulcahy , Assistant District Attorney ( Marian T. Ryan , Assistant District Attorney, with him) for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, & LENK, JJ.

LENK, J.

A single justice of this court, treating as petitions brought under G. L. c. 211, § 3, the defendants' respective appeals from court orders compelling each of them to provide a buccal swab1 for purposes of deoxyribonucleic acid (DNA) testing, denied both petitions. We are called upon to decide whether a petition under G. L. c. 211, § 3, is the appropriate means by which to...

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