Commonwealth v. Lanigan

After a consolidated pretrial hearing, a judge

of the Superior Court ruled that evidence regarding forensic tests of the defendants’ deoxyribonucleic acid (DNA) could not be admitted at the defendants’ criminal trials. The Commonwealth sought leave to appeal from a single justice of this court. The single justice concluded that the order of the Superior Court judge was the equivalent of the allowance of a motion to suppress and, hence, allowed the Commonwealth leave to appeal to the full court. G. L. c. 211, § 3 (1990 ed.). See Mass. R. Crim. P. 15 (b) (2), 378 Mass. 842 (1978). We affirm the…