ORTIZ v. COMMONWEALTH

SJC-13448.

492 Mass. 1023 (2023)

LUIS E. ORTIZ, v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts.

September 14, 2023.


Attorney(s) appearing for the Case

The case was submitted on the papers filed, accompanied by a memorandum of law.

Christopher DeMayo for the petitioner.


The petitioner and his brother, Luis M. Ortiz (Luis M.), have been indicted for aggravated rape of a child, and Luis M. has also been indicted for indecent assault and battery of a child under fourteen.1 On the Commonwealth's motion, a judge in the Superior Court ordered the petitioner to provide a buccal swab sample of his deoxyribonucleic acid (DNA) for use in the prosecution of Luis M. The petitioner refused to comply with that order and was...

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