Commonwealth v. Shawn L. Tanner

Summary

The Massachusetts Supreme Judicial Court holds that an order for postconviction forensic DNA testing under G. L. c. 278A does not automatically expire when the defendant dies before testing is completed. Although a judge retains inherent authority to reconsider or vacate the order based on changed circumstances, the motion judge did not abuse his discretion in denying the Commonwealth's motion to vacate. The court therefore affirmed the order denying vacatur of the DNA-testing order.

Holdings

1. An order for postconviction forensic testing properly issued under G. L. c. 278A does not automatically expire upon the defendant's death.
2. A judge retains inherent authority to reconsider or vacate a previously issued G. L. c. 278A testing order in light of changed circumstances, including the defendant's death before testing is completed.
3. The judge did not abuse his discretion in denying the Commonwealth's motion to vacate the testing order.
4. A defendant seeking testing under G. L. c. 278A need not demonstrate that the requested testing is likely to produce evidence sufficient to justify a new trial.

Questions Presented

1. Whether a valid order for postconviction forensic DNA testing under G. L. c. 278A automatically expires, or must be vacated, when the defendant dies before testing is completed.
2. Whether the motion judge retained inherent authority to reconsider or vacate the testing order because of the defendant's death.
3. Whether the judge abused his discretion by denying the Commonwealth's motion to vacate the testing order under the circumstances presented.
4. Whether the potential utility of testing was defeated because the defendant could no longer use the results to challenge his conviction.

Disposition

affirmed