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Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing
Loaded on Dec. 15, 2021
by Matthew Clarke
published in Criminal Legal News
January, 2022, page 32
Filed under:
DNA Testing/Samples.
Location:
Massachusetts.
by Matt Clarke
The Supreme Judicial Court of Massachusetts ruled that a third party who is ordered to provide biological materials pursuant to G. L. c. 278A has a right to appeal such order even where the party hasn’t intervened in the case.
After an evening of …
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More from this issue:
- How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts, by Dale Chappell
- “If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records, by Richard Webster
- Brooklyn DA Releases List of Untrustworthy Cops, by Anthony Accurso
- You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It, by John W. Whitehead, Nisha Whitehead
- Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession, by Douglas Ankney
- Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof, by Douglas Ankney
- The AEDPA: A Forgotten Catalyst in Mass Incarceration, by Dale Chappell
- New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded, by Douglas Ankney
- Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It., by Aya Gruber
- Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible, by Matthew Clarke
- Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, by Douglas Ankney
- Rethinking the ‘Sex Offender’ Label, by Derek Logue
- North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment, by Anthony Accurso
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- Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, by Douglas Ankney
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- Who Defends the Public Defenders?, by Jayson Hawkins
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- Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing, by Matthew Clarke
- Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983, by Douglas Ankney
- Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity, by Douglas Ankney
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More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
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- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
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More from these topics:
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026. DNA Testing/Samples, Abuse of Discretion Standard, Statutory Construction/Interpretation.
- FBI Approves Rapid DNA Workflow for CODIS, Aug. 1, 2026. DNA Testing/Samples, Databases, Forensic Sciences, Evidence - Integrity/Reliability of, Scientific Testimony or Evidence.
- Florida Supreme Court Announces “Results” of Postconviction DNA Testing Under § 925.11 Include Underlying Testing Data Necessary for Expert Analysis, Holding That No Additional Burden Applies Once a Motion for Testing Has Been Granted, June 1, 2026. DNA Testing/Samples, Disclosure of Records, Public Records, Forensic Sciences, Scientific Testimony or Evidence.
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence, Evidence - Admissibility, Claim of Innocence.
- Swabbed at Booking, Searched for Life: How Pre-Conviction DNA Collection Built a Genetic Mass Surveillance System, April 1, 2026. DNA Testing/Samples, Databases, Effects of Mass Incarceration.
- The Unintentional Informant: Household Pets as Vectors of Human DNA, March 1, 2026. DNA Testing/Samples, Forensic Sciences, DNA Evidence, Evidence - Integrity/Reliability of, Scientific Testimony or Evidence.
- Zombie Forensics: Discredited Science Stalking the Courtroom, Dec. 15, 2025. DNA Testing/Samples, junk science, Forensic Sciences, Opinions and Expert Testimony.
- Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony, Dec. 15, 2025. DNA Testing/Samples, Warrantless Searches, Good Faith Exception, Hearsay Evidence/Exceptions, Exclusionary Rule.
- DHS Has Been Quietly Collecting DNA From U.S. Citizens for Years, Funneling It Into FBI’s CODIS Without Oversight, Oct. 15, 2025. DNA Testing/Samples, Police State-Surveillance, Privacy Act/Rights, Police/Govt Misconduct, Suspicionless Searches.
- Probabilistic Genotyping on Trial: Can We Trust the Secret Algorithms Deciding Guilt?, Aug. 1, 2025. DNA Testing/Samples, Crime Labs, Blood Samples/Tests, Scientific Testimony or Evidence.





