green
Positive treatment
Quoted verbatim 1×
9.6 score
“as foundation for the evidence, it must be apparent that the party has heard and understood the statement, that he had an opportunity to respond, and that the context was one in which he would have been expected to respond to an accusation”
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 18 distinct citers.
examined
Cited as authority (quoted)
Commonwealth v. Babbitt
as foundation for the evidence, it must be apparent that the party has heard and understood the statement, that he had an opportunity to respond, and that the context was one in which he would have been expected to respond to an accusation
cited
Cited "see"
Commonwealth v. Moore
See Commonwealth v. Olszewski , 416 Mass. 707 , 714, 625 N.E.2d 529 (1993), cert. denied, 513 U.S. 835 , 115 S.Ct. 113 , 130 L.Ed.2d 60 (1994).
cited
Cited "see"
Commonwealth v. DePina
See Commonwealth v. Olszewski, 416 Mass. 707, 719 (1993), cert. denied, 513 U.S. 835 (1994).
cited
Cited "see"
Commonwealth v. Heath
See Commonwealth v. Olszewski, 401 Mass. 749, 753 (1988), S.C., 416 Mass. 707 (1993), cert. denied, 513 U.S. 835 (1994).
cited
Cited "see"
Commonwealth v. Heath
See Commonwealth v. Olszewski, 401 Mass. 749, 753 (1988), S.C., 416 Mass. 707 (1993), cert. denied, 513 U.S. 835 (1994).
cited
Cited "see"
Commonwealth v. Carlson
See Commonwealth v. Olszewski, 416 Mass. 707, 727 (1993), cert. denied, 513 U.S. 835 (1994), citing Commonwealth v. Borodine, 371 Mass. 1, 9-10 (1976), cert. denied, 429 U.S. 1049 (1977).
cited
Cited "see"
Commonwealth v. Beaudry
See Commonwealth v. Olszewski, 416 Mass. 707, 716-717 (1993), cert. denied, 513 U.S. 835 (1994).
cited
Cited "see"
Commonwealth v. Sleeper
See Commonwealth v. Olszewski, 416 Mass. 707, 721 (1993), cert, denied, 513 U.S. 835 (1994).
cited
Cited "see"
Commonwealth v. Alvarado
See Commonwealth v. Olszewski, 416 Mass. 707, 721 (1993), cert. denied, 513 U.S. 835 (1994).
cited
Cited "see"
Commonwealth v. Francis
See Commonwealth v. Olszewski, 416 Mass. 707 , 722 n.15 (1993), cert. denied, 513 U.S. 835 (1994).
cited
Cited "see"
Commonwealth v. Matthews
See Commonwealth v. Olszewski, 416 Mass. 707 , 724 n.18 (1993), cert. denied, 513 U.S. 835 (1994); Commonwealth v. Johnson, 39 Mass. App. Ct. 410, 413 (1995).
cited
Cited "see"
Commonwealth v. Rodriquez
See Commonwealth v. Olszewski, 416 Mass. 707, 724 (1993), cert. denied, 513 U.S. 835 (1994).
cited
Cited "see"
Commonwealth v. Thomas
See Commonwealth v. Olszewski, 416 Mass. 707, 724 (1993), cert. denied, 513 U.S. 835 (1994).
discussed
Cited "see"
Commonwealth v. Griffith
See Commonwealth v. Olszewski, 416 Mass. 707, 726-727 (1993), cert. denied, 513 U.S. 835 (1994), but as examples of the insufficiency of boilerplate charges resembling the one given here, see Commonwealth v. Gallego, 27 Mass. App. Ct. at 720 ; Commonwealth v. Ward, 28 Mass. App. Ct. 292, 296 (1990); Commonwealth v. McLeod, 30 Mass. App. Ct. 536, 540 (1991).
cited
Cited "see"
Commonwealth v. Eakin
See Commonwealth v. Olszewski, 416 Mass. 707, 714 (1993), cert. denied, 513 U.S. 835 (1994); Commonwealth v. Willie, 400 Mass. 427, 432-433 (1987).
cited
Cited "see"
Commonwealth v. DeCicco
See Commonwealth v. Olszewski, 416 Mass. 707, 716 (1993), cert. denied, 513 U.S. 835 (1994).
discussed
Cited "see"
Commonwealth v. Cruz
See Commonwealth v. Olszewski, 401 Mass. 749, 759 (1988), S.C., 416 Mass. 749 (1993), cert. denied, 513 U.S. 835 (1994); Commonwealth v. Borodine, 371 Mass. 1, 7-9 (1976), cert. denied, 429 U.S. 1049 (1977).
discussed
Cited "see, e.g."
Commonwealth v. McCray
See also Commonwealth v. Olszewski, 416 Mass. 707, 719 (1993), cert, denied, 513 U.S. 835 (1994) (admissions by silence admissible only if defendant heard and understood statement, had opportunity to respond, and would have been expected to respond); Commonwealth v. MacKenzie, 413 Mass. 498,506 (1992) (“Where a party is confronted with an accusatory statement which, under the circumstances, a reasonable person would challenge, and the party remains silent or responds equivocally, the accusation and the reply may be admissible on the theory that the party’s response amounts to an admission …
Young
v.
Oklahoma
v.
Oklahoma
No. 93-9173.
Supreme Court of the United States.
Oct 3, 1994.
Published
Citer courts: Massachusetts Supreme Judicial… (1)
Ct. Crim. App. Okla. Certiorari denied.