Rodriguez v. Commonwealth

Nelson Rodriguez appeals from a judgment of a single justice of this court denying his petition for relief under G. L. c. 211, § 3. We affirm.

Rodriguez is charged with assault and battery by means of a dangerous weapon and other crimes. Pursuant to the protocol we announced in Commonwealth v. Dwyer, 448 Mass. 122, 139-147 (2006), Rodriguez sought production of certain records held by a third party. The judge determined that Rodriguez had not made the threshold showing required by that protocol, see id. at 147-148 (Appendix) (concerning affidavit, hearing, and findings under Commonwealth v.…