Berry v. Commonwealth

Summary

The court held that postconviction discovery under rule 30 may include a limited, reciprocal psychiatric examination when a defendant relies on expert testimony substantially based on a personal psychological examination. Because the defendant established a prima facie claim that his emerging-adult nonmurder sentence was presumptively disproportionate under art. 26, and because the examination would promote accurate and fair resentencing, the motion judge acted within her discretion in ordering it. The court also held that procedures from rule 14.4 could appropriately guide the examination, subject to protective conditions.