Pinney v. Commonwealth
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The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioner's petition for relief pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice did not err or abuse his discretion in denying relief.
Petitioner's first trial ended in a mistrial. After Petitioner successfully moved to suppress a preindictment buccal swab obtained by the Commonwealth, the Commonwealth successfully moved to obtain a postindictment buccal swab from Petitioner. The superior court allowed the motion. Petitioner sought relief, and a single justice of the court denied relief, concluding that Petitioner had an adequate alternative remedy. The Supreme Judicial Court affirmed, holding that the single justice did not err or abuse his discretion in denying relief.
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