COMMONWEALTH v. JOHNSON

SJC-12673.

482 Mass. 830 (2019)

COMMONWEALTH v. DON EARL JOHNSON.

Supreme Judicial Court of Massachusetts, Worcester.

August 21, 2019.

Amended September 30, 2019.


Attorney(s) appearing for the Case

Edward Gauthier for the defendant.

Donna-Marie Haran , Assistant District Attorney, for the Commonwealth.

Meredith Shih , for Boston Bar Association, amicus curiae, submitted a brief.

Ira L. Gant , Committee for Public Counsel Services, & Beth L. Eisenberg , for innocence program of Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.


We are called upon to interpret the standing requirement of G. L. c. 278A (chapter 278A). That statute "allows those who have been convicted but assert factual innocence to have access to forensic and scientific testing of evidence and biological material that has the potential to prove their...

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