Cummins v. Commonwealth

Todd Cummins (petitioner) appeals pursuant to S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from the denial by a single justice of this court of his petition for relief under G. L. c. 211, § 3. A Superior Court judge had allowed the Commonwealth’s motion for an order to take a blood sample of the petitioner and had denied the petitioner’s motion to preclude DNA testing until a DNA expert for the defense had been retained, and to permit that expert to observe the Commonwealth’s testing. The petitioner sought relief in the county court from only the allowance of the Commonwealth’s motion.

The…