green
Positive treatment
12.5 score
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976
2001
2026
Top citers, strongest first. 50 distinct citers.
cited
Cited "see"
Commonwealth v. Jonathan Lopez.
See Commonwealth v. Mahnke, 368 Mass. 662, 681 (1975), cert. denied, 425 U.S. 959 (1976).
discussed
Cited "see"
Commonwealth v. Estabrook
See Commonwealth v. Mahnke, 368 Mass. 662, 686 (1975), cert. denied, 425 U.S. 959 (1976) (“The cat-out-of-the-bag line of analysis requires the exclusion of a statement if, in giving the statement, the defendant was motivated by the belief that, after a prior coerced statement, his effort to withhold further *864 information would be futile and he had nothing to lose by repetition or amplification of the earlier statements”).
cited
Cited "see"
Commonwealth v. Ashley
See Commonwealth v. Mahnke, 368 Mass. 662, 680 (1975), cert. denied, 425 U.S. 959 (1976).
cited
Cited "see"
Commonwealth v. Hilton
See Commonwealth v. Mahnke, 368 Mass. 662, 683 (1975), cert. denied, 425 U.S. 959 (1976).
discussed
Cited "see"
Commonwealth v. Miller
See generally Commonwealth v. Mahnke, 368 Mass. 662, 681 (1975), cert. denied, 425 U.S. 959 (1976) (even if private actors exercise duress to force a confession, due process rights and protections are implicated in the State action of the introduction of the privately taken confession at trial).
discussed
Cited "see"
Commonwealth v. Lugo
See Commonwealth v. Cruz, 373 Mass. 676 , 682 n.2 (1977), quoting from Commonwealth v. Mahnke, 368 Mass. 662, 666-667 (1975), cert. denied, 425 U.S. 959 (1976) (“In reviewing the record on this issue ‘[w]e accept, as we must, the trial judge’s resolution of conflicting testimony . . . , and will not disturb his subsidiary findings if they are warranted by the evidence ....
cited
Cited "see"
Commonwealth v. Zagrodny
See Commonwealth v. Mahnke, 368 Mass. 662, 679-681 (1975), cert. denied, 425 U.S. 959 (1976) (statements coerced by private individuals are inadmissible).
discussed
Cited "see"
Commonwealth v. Collins
See Commonwealth v. Mahnke, 368 Mass. 662, 692 (1975), cert, denied, 425 U.S. 959 (1976) (waiver not voluntary where injured suspect not notified of calls made by attorney to police on learning that client was to be interviewed at hospital); Commonwealth v. McKenna, 355 Mass. 313, 325 (1969) (same where suspect not notified of telephone call made by his attorney to police during interview). 4 Collins argues, however, that his statements should be suppressed because the circumstances in which they were made are closely akin to those present in Commonwealth v. Sherman, supra. In the Sherman case…
cited
Cited "see"
Commonwealth v. Brandwein
See Commonwealth v. Mahnke, 368 Mass. 662, 680-681 (1975), cert, denied, 425 U.S. 959 (1976).
discussed
Cited "see"
Commonwealth v. Morais
See Commonwealth v. Mahnke, 368 Mass. 662, 680 (1975), cert. denied, 425 U.S. 959 (1976) (totality of circumstances test applies to statements made to private parties as well as to police officers).
discussed
Cited "see"
Rogers v. Ponti-Peterson Post 1720 Veterans of Foreign Wars of the United States of America, Inc.
See Schwartz v. Consolidated Freightways Corp. of Del., 306 Minn. 564, 565 , 237 N.W.2d 385, 386 (1975) (in the absence of an argument which is so outrageously flagrant that the trial court should act on its own motion, a party who fails to request corrective instructions before the jury retires waives any later claim that the statements of opposing counsel were so improper as to justify a new trial), cert. denied, 425 U.S. 959 , 96 S.Ct. 1740 , 48 L.Ed.2d 204 (1976).
discussed
Cited "see"
Commonwealth v. Snyder
See Commonwealth v. Mahnke, 368 Mass. 662, 676 (1975), cert, denied, 425 U.S. 959 (1976). 9 It is doubtful that we would require a school official to advise a student that he or she is entitled to the presence of an attorney during questioning or that an attorney would be appointed at public expense if that student could not afford one.
discussed
Cited "see"
Commonwealth v. Watkins
See Commonwealth v. Mahnke, 368 Mass. 662, 679 (1975), cert, denied, 425 U.S. 959 (1976); Commonwealth v. Allen, 395 Mass. 448, 455 (1985). 7 Apart from the nontestimonial assertion of defense counsel that the defendant had to testify before the investigator to avoid being “kicked out” of the university, the record contains no suggestion of duress.
discussed
Cited "see"
Commonwealth v. Catalina
See Commonwealth v. Mahnke, 368 Mass. 662, 703 (1975), cert. denied, 425 U.S. 959 (1976); Commonwealth v. Campbell, supra; Commonwealth v. Sostilio, 325 Mass. 143, 145 (1949); Commonwealth v. Gricus, 317 Mass. 403, 404 (1944); Commonwealth v. Welansky, supra at 401 . 5 This type of manslaughter recognizes the danger inherent in the intentional infliction of bodily harm associated with a criminal battery. 6 The present state of unlawful-act manslaughter suffers from the same problem that affected second degree felony murder prior to the Matchett decision.
discussed
Cited "see"
Commonwealth v. Mencoboni
(2×)
See Commonwealth v. Mahnke, 368 Mass. 662, 692 (1975) ("police may not thwart counsel who seeks to confer with a client"), cert. denied, 425 U.S. 959 (1976).
discussed
Cited "see"
Commonwealth v. Sheppard
See Commonwealth v. Mahnke, 368 Mass. 662, 703 (1975), cert. denied, 425 U.S. 959 (1976); Commonwealth v. Campbell, supra, Commonwealth v. Sostilio, 325 Mass. 143, 145 (1949); Commonwealth v. Gricus, 317 Mass. 403, 404 (1944); Commonwealth v. Welansky, 316Mass. 383, 401 (1944).
discussed
Cited "see"
Commonwealth v. Garabedian
(2×)
See Commonwealth v. Mahnke, 368 Mass. 662, 700-704 (1975), cert. denied, 425 U.S. 959 (1976)." The court recognizes this principle in its own recitation of the circumstances of this homicide. [2] The fact that the defendant and the victim were strangers, or had had no prior confrontation, was cited as one consideration in the court's conclusion that a verdict of manslaughter was "more consonant with justice" in Commonwealth v. Ransom, 358 Mass. 580, 583 (1971).
cited
Cited "see"
Commonwealth v. Delrio
See Commonwealth v. Mahnke, 368 Mass. 662, 677 (1975), cert. *718 denied, 425 U.S. 959 (1976).
discussed
Cited "see"
North American Watch Corp. v. Princess Ermine Jewels
See Pacific Coast Agricultural Export Association v. Sunkist Growers, Inc., 526 F.2d 1196, 1208-09 (9th Cir.1975) (discussing Federal Rule of Civil Procedure 17(a) and the requirement that all actions be prosecuted by the real party in interest), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976).
discussed
Cited "see"
North American Watch Corporation v. Princess Ermine Jewels
See Pacific Coast Agricultural Export Association v. Sunkist Growers, Inc., 526 F.2d 1196, 1208-09 (9th Cir.1975) (discussing Federal Rule of Civil Procedure 17(a) and the requirement that all actions be prosecuted by the real party in interest), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976).
discussed
Cited "see"
Cashman v. Allied Products Corp.
See Pacific Coast Agricultural Export Association v. Sunkist Growers, Inc., 526 F.2d 1196, 1207 (9th Cir.1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976) (expert witnesses who testified on lost profits, market share in antitrust case were properly qualified as experienced businessmen capable of providing information and opinions based on practical experience).
discussed
Cited "see"
ca8 1985
See Pacific Coast Agricultural Export Association v. Sunkist Growers, Inc., 526 F.2d 1196, 1207 (9th Cir.1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976) (expert witnesses who testified on lost profits, market share in antitrust case were properly qualified as experienced businessmen capable of providing information and opinions based on practical experience). 24 Allied also argues that Abdo's and Schrom's expert testimony was inadmissible under Fed.R.Evid. 703 because it was based on false assumptions.
cited
Cited "see"
Commonwealth v. Rodwell
See Commonwealth v. Mahnke, 368 Mass. 662, 676-678 (1975), cert. denied, 425 U.S. 959 (1976).
cited
Cited "see"
ca9 1983
Accord Pacific Coast Agricultural Export Association v. Sunkist Growers, Inc., 526 F.2d 1196, 1205-06 (9th Cir.1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976).
cited
Cited "see"
Blanton v. Mobil Oil Corp.
Accord Pacific Coast Agricultural Export Association v. Sunkist Growers, Inc., 526 F.2d 1196, 1205-06 (9th Cir.1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976).
cited
Cited "see"
Commonwealth v. Saya
See Commonwealth v. Mahnke, 368 Mass. 662, 679-680 (1975), cert. denied, 425 U.S. 959 (1976); Commonwealth v. Meehan, 377 Mass. 552, 564 (1979).
cited
Cited "see"
Commonwealth v. Day
See Commonwealth v. Mahnke, 368 Mass. 662, 691 (1975), cert. denied, 425 U.S. 959 (1976).
cited
Cited "see"
Commonwealth v. Gullick
See Commonwealth v. Mahnke, *283 368 Mass. 662, 677 (1975), cert. denied, 425 U.S. 959 (1976).
cited
Cited "see"
ca9 1981
See Pacific Coast Agricultural Export Ass'n v. Sunkist Growers, Inc., 526 F.2d 1196 (9th Cir. 1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976).
cited
Cited "see"
Phonetele, Inc. v. American Telephone & Telegraph Co.
See Pacific Coast Agricultural Export Ass’n v. Sunkist Growers, Inc., 526 F.2d 1196 (9th Cir. 1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976).
cited
Cited "see"
Richardson v. Restaurant Marketing Associates, Inc.
See Pacific Coast Agricultural Export Ass’n v. Sunkist Growers, Inc., 526 F.2d 1196 , 1210 n. 19 (9th Cir. 1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976).
discussed
Cited "see"
Jefferson County Pharmaceutical Association, Inc. v. Abbott Laboratories
(2×)
See Pacific Coast Agricultural Export Ass'n v. Sunkist Growers, Inc., 526 F.2d 1196 (CA9 1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976); 3A Moore's Federal Practice, P 17.09(1. 1).
discussed
Cited "see"
Commonwealth v. Tirrell
(2×)
See Commonwealth v. Mahnke, 368 Mass. 662, 689-691 (1975), cert. denied, 425 U.S. 959 (1976) (trial judge’s conclusions of voluntariness based on oral testimony deserve deference); accord, Commonwealth v. Tabor, 376 Mass. 811, 822 (1978).
discussed
Cited "see"
Harnischfeger Corp. v. Paccar, Inc.
See, Pacific Coast Agricultural Export Assn. v. Sunkist Growers, 1973-1 Trade Cas. ¶ 74,523 at 94,345 (N.D.Cal.1973), aff’d. 526 F.2d 1196, 1210 (9th Cir. 1975), cert. denied 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976); In re Anthracite Coal Antitrust Litigation, 81 F.R.D. 499 (M.D.Pa.1979); In re Armored Car Antitrust Litigation, 472 F.Supp. 1357 (N.D.Ga.1979); In re Ampicillin Antitrust Litigation, 81 F.R.D. 395 (D.D.C.1978).
discussed
Cited "see"
Commonwealth v. Gallant
See Commonwealth v. Mahnke, 368 Mass. 662, 689 (1975), cert, denied, 425 U.S. 959 (1976). *469 Searles claims that Kenneth’s statement let the “cat-out-of-the-bag” and argues, by analogy to principles considered in Commonwealth v. Watkins, 375 Mass. 472, 480-482 (1978); Commonwealth v. Haas, 373 Mass. 545, 554-555 (1977); and Commonwealth v. Mahnke, supra at 686-688 , that Searles’s subsequent statement was “not voluntary because the defendant’s will not to incriminate himself [had] been overborne by the prior revelation.” Searles asserts that it should make no difference that so…
cited
Cited "see"
United States v. CBS INC.
See Pacific Coast Agricultural Export Ass’n v. Sunkist Growers, Inc., 526 F.2d 1196 (9th Cir. 1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976).
cited
Cited "see"
Commonwealth v. Roberts
See Commonwealth v. Mahnke, 368 Mass. 662, 676-677 (1975), cert. denied, 425 U.S. 959 (1976).
discussed
Cited "see"
Commonwealth v. Storella
See Commonwealth v. Mahnke, 368 Mass. 662, 680-681 (1975), cert. denied, 425 U.S. 959 (1976). 2 More distinguishable still is the line of cases involving operations proposed or conducted over the defendant’s objections and for the purpose of obtaining evidence, such as Rochin v. California, 342 U.S. 165 (1952); Schmerber v. California, 384 U.S. 757 (1966); Creamer v. State, 229 Ga. 511 (1972), cert. denied, 410 U.S. 975 (1973); Allison v. State, 129 Ga. App. 364 (1973), cert. denied, 414 U.S. 1145 (1974); Adams v. State, 260 Ind. 663 (1973), cert. denied, 415 U.S. 935 (1974); People v. Smith…
discussed
Cited "see"
Commonwealth v. Taylor
See Commonwealth v. Dustin, 373 Mass. 612, 614 (1977), Commonwealth v. Mahnke, 368 Mass. 662, 692 (1975), cert, denied, 425 U.S. 959 (1976), and Commonwealth v. McKenna, 355 Mass. 313, 323-325 (1969).
discussed
Cited "see"
Commonwealth v. Dustin
(2×)
See Commonwealth v. Mahnke, 368 Mass. 662, 692 (1975), cert, denied, 425 U.S. 959 (1976); Commonwealth v. McKenna, 355 Mass. 313, 323-325 (1969).
examined
Cited "see"
Commonwealth v. Haas
(3×)
See Commonwealth v. Mahnke, 368 Mass. 662, 666-667 (1975), cert. denied, 425 U.S. 959 (1976).
cited
Cited "see"
Commonwealth v. Dias
See Commonwealth v. Mahnke, 368 Mass. 662, 700 (1975), cert, denied, 425 U.S. 959 (1976).
cited
Cited "see"
Commonwealth v. Seit
See Commonwealth v. Mahnke, 368 Mass. 662, 700-704 (1975), cert, denied, 425 U.S. 959 (1976).
discussed
Cited "see"
Phillips v. Crown Central Petroleum Corp.
Bigelow v. RKO Radio Pictures, Inc., supra, 327 U.S. at 264 , 66 S.Ct. at 580 ; see Pacific Coast Agricultural Export Association v. Sunkist Growers, Inc., 526 F.2d 1196, 1206-07 (9th Cir. 1975), cert. denied 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976); Herman Schwabe, Inc. v. United States Shoe Machinery Corp., 297 F.2d 906, 911 (2d Cir.), cert. denied, 369 U.S. 865 , 82 S.Ct. 1031 , 8 L.Ed.2d 85 (1962).
discussed
Cited "see"
Commonwealth v. Bolduc
(2×)
See and compare Commonwealth v. Mahnke, 368 Mass. 662, 666-667, 688-691, 723-724, 725 (1975), cert. den. 425 U. S. 959 (1976).
discussed
Cited "see, e.g."
Commonwealth v. McNulty
(2×)
See also Commonwealth v. Mahnke, 368 Mass. 662, 691-693 (1975), cert. denied, 425 U.S. 959 (1976) (statements made after police knew defendant's attorney urgently sought to contact principal police officer on case, but did not so inform defendant, properly suppressed as part of prosecution's case-in-chief; statements could be used to impeach defendant if he testified). [9] The duty to inform described in Mavredakis is one that attaches immediately after the attorney communicates to the police that he or she represents a suspect in police custody and seeks to communicate with the suspect in ord…
discussed
Cited "see, e.g."
Commonwealth v. Baptiste
See also Commonwealth v. Cruz, 373 Mass. 676 , 682 n.2 (1977), quoting from Commonwealth v. Mahnke, 368 Mass. 662, 666-667 (1975), cert. denied, 425 U.S. 959 (1976) (“In reviewing the record on this issue ‘[w]e accept, as we must, the trial judge’s resolution of conflicting testimony . . . , and will not disturb his subsidiary findings if they are warranted by the evidence ....
cited
Cited "see, e.g."
Commonwealth v. Viverito
See, e.g., Commonwealth v. Mahnke, 368 Mass. 662, 666 (1975), cert. denied, 425 U.S. 959 (1976); Commonwealth v. Tempesta, supra at 193-194 .
cited
Cited "see, e.g."
Commonwealth v. Selby
See also Commonwealth v. Mahnke, 368 Mass. 662, 680 (1975), cert. denied, 425 U.S. 959 (1976).
discussed
Cited "see, e.g."
Continental Townhouses East Unit One Ass'n v. Brockbank
See also Pacific Coast Agricultural Export Assoc., v. Sunkist Growers, Inc., 526 F.2d 1196 , 1210 n. 19 (9th Cir.1975), cert. denied, 425 U.S. 959 , 96 S.Ct. 1741 , 48 L.Ed.2d 204 (1976). 7 The Arizona federal district court has also refused to authorize compensation for lawyers performing services that could have been performed by a legal assistant, as well as for excessive or duplicated time incurred by both lawyers and legal assistants on routine tasks.
League of United Latin American Citizens
v.
Lo-Vaca Gathering Co.
v.
Lo-Vaca Gathering Co.
No. 75-1283.
Supreme Court of the United States.
May 3, 1976.
Published
Ct. Civ. App. Tex., 4th Sup. Jud. Dist. Certiorari denied.