Carvalho v. Commonwealth

The petitioner, Jonathan Carvalho, appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3. We affirm.

Carvalho was indicted for murder and unlawful possession of a firearm. The Commonwealth moved to compel Carvalho to provide a buccal swab on the basis that it needed deoxyribonucleic acid (DNA) evidence to try to exclude Carvalho as a possible source of blood found on his sneakers. Over Carvalho’s objection, a judge in the Superior Court allowed the motion. Car-valho thereafter filed his G. L. c. 211, § 3, petition in the county court.

The…