COMMONWEALTH v. KOSTKA

SJC-11766.

471 Mass. 656 (2015)

31 N.E.3d 1116

COMMONWEALTH v. CHRISTOPHER KOSTKA.

Supreme Judicial Court of Massachusetts, Suffolk.

June 17, 2015.


Attorney(s) appearing for the Case

John H. Cunha, Jr. ( Charles Allan Hope with him) for the defendant.

Teresa K. Anderson, Assistant District Attorney ( Ursula A. Knight, Assistant District Attorney, with her) for the Commonwealth.

William Trach,   Laura Carey,   P.R. Goldstone, & Chauncey B. Wood, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

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


The Commonwealth seeks to compel Christopher Kostka1 to provide a saliva sample from which it may obtain Christopher's deoxyribonucleic acid (DNA). The Commonwealth filed a motion in the Superior Court to compel the taking of a saliva sample, arguing that a DNA sample is necessary in order to determine whether...

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