Massachusetts Supreme Judicial Court· 7/9/2015

Commonwealth v. Clark

Citations

472 Mass. 120
34 N.E.3d 1

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

\The word 'or' has a disjunctive meaning unless the context and the main purpose of all the words demand otherwise\ [quotation omitted]
defendant submitted affidavit from doctor that DNA testing, of kind requested, on knife used during the crime could reveal biological material from perpetrator
“the Legislature intended to permit access to DNA testing ‘regardless of the presence of overwhelming evidence of guilt in the underlying trial’ ”
request for DNA analysis “has the ‘potential’ to result in evidence” where victim testified that defendant’s knife may contain his blood or skin cells after victim attempted to stab him
where issue to be determined did not require trial judge to make credibility determination or consider relative weight of evidence, but rather depended on documentary evidence, Court decided issue on appeal
“The act created a process, separate from the trial and any subsequent proceedings challenging an underlying conviction, that permits forensic and scientific analysis of evidence or biological material, the results of which could support a motion for a new trial’

Source: CourtListener parenthetical corpus (CC0).

Judges: Gants, Spina, Cordy, Botsford, Duffly, Lenk, Hines

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16 cases in this archive cite this case.

Cites

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