Farley v. Commonwealth

The Superior Court judge’s ruling is interlocutory, so we examine whether the petitioner has met her obligation to “set forth . . . reasons why review of the trial court decision cannot adequately be obtained on appeal ... or by other available means.” S.J.C. Rule 2:21 (2). The petitioner recites that if she proceeds with the testing, she risks having the Commonwealth’s being allowed to use the results against her if they are unfavorable. She also contends that she cannot have a fair trial if the Commonwealth is not precluded from using test results that she obtains but does not use. Without…