Commonwealth v. Brown
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The Supreme Judicial Court affirmed the judgment of the single justice of the court summarily denying the Commonwealth's petition under Mass. Gen. Laws ch. 211, 3 seeking relief from an evidentiary order of the superior court judge in this criminal matter, holding that there was no error or abuse of discretion in the denial of relief.
Defendant was indicted for possession of a firearm during the commission of a felony and other offenses. Defendant filed a motion requesting that the Commonwealth's test firing of an alleged firearm be observed by a defense expert. The superior court judge denied the request but ordered that the test firing to be recorded and that the recording be provided to Defendant. The Commonwealth brought this petition seeking relief from the order. The single justice denied the petition. The Supreme Court denied relief, holding that there was no abuse of discretion in the denial of relief.
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