Commonwealth v. Bertini

A single justice of this court, treating as petitions brought under G. L. c. 211, § 3, the defendants’ respective appeals from court orders compelling each of them to provide a *132buccal swab1 for purposes of deoxyribonucleic acid (DNA) testing, denied both petitions. We are called upon to decide whether a petition under G. L. c. 211, § 3, is the appropriate means by which to seek relief from such orders and, if it is, whether the single justice erred or otherwise abused his discretion in denying the petitions. We conclude that G. L. c. 211, § 3, is the appropriate means by which a defendant may…