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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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