Aldana v. Commonwealth
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The Supreme Judicial Court dismissed Appellant’s appeal from a judgment of the county court denying his petition for relief under Mass. Gen. Laws ch. 211, 3, holding that the single justice did not err or abuse his discretion by denying relief where Appellant did not carry his burden of showing why review of a trial court decision could not adequately be obtained on appeal or by other available means.
Appellant was indicted on charges of home invasion and other offenses. Petitioner’s Mass. Gen. Laws ch. 211, 3 petition sought relief from a superior court judge’s ruling allowing the Commonwealth’s motion for an order requiring Appellant to submit a buccal swab for purposes of deoxyribonucleic acid testing. The single justice denied relief. The Supreme Judicial Court dismissed Appellant’s appeal, holding that Appellant, if convicted, an had adequate, alternate remedy in the normal appellate process.
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