Davis v. Commonwealth

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

Davis has been charged in the District Court with assault and battery by means of a dangerous weapon and other offenses. Pursuant to the protocol set forth in Commonwealth v. Dwyer, 448 Mass. 122 (2006), and Commonwealth v. Lampron, 441 Mass. 265 (2004), Davis moved that a summons issue for certain records held by third parties. The motion was denied. In his G. L. c. 211, § 3, petition, Davis sought relief from the denial of the motion.

The case is before us…