Luna v. Superior Court

Detective Carlos Luna of the Boston police department (petitioner) appeals from successive denials by single justices of this court of his petitions under G. L. c. 211, § 3 (1988 ed.), seeking relief from the orders of a Superior Court judge compelling him to testify in connection with criminal proceedings against Albert Lewin. In both cases the petitioner asserted that the orders would violate his privilege against self-incrimination under the Fifth Amendment to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights. A single justice first declined to set aside…