Murphy v. Department of Correction

The plaintiff, who is currently incarcerated, brought an action seeking a declaratory judgment that he is not required, under St. 1997, c. 106, § 8, to submit a deoxyribonucleic acid (DNA) sample for inclusion in the State DNA database created by G. L. c. 22E. A judge in the Superior Court entered a declaratory judgment in favor of the plaintiff. The Commonwealth ap*737pealed. We transferred the case here on our own motion. We vacate the judgment and remand the case to the Superior Court for entry of a declaration that the statute by its terms applies to the plaintiff.

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Statute 1997, c. 106,…