Commonwealth v. Lampron

The Commonwealth filed a petition under G. L. c. 211, § 3, seeking relief from the order of a Superior Court judge for production of treatment records of an alleged rape victim. The basis on which relief was sought was that defense *266counsel’s affidavit in support of the motion for inspection of records was not based on his personal knowledge, but on hearsay statements of the defendant and others. A single justice denied the Commonwealth’s petition for relief, and the Commonwealth appealed to the full court. The issue on appeal is whether the single justice abused his discretion by denying…