circumstances leading waiver (Massachusetts) · Go Syfert
← Massachusetts issues

circumstances leading waiver in Massachusetts

5 Massachusetts opinions name it 1 courts 1983–2012 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Camerongreen
mass · 1982 · cited in 3 Massachusetts opinions naming this issue, 1986–2012
2 sentences

2012Although limited intelligence is a factor in examin ing the totality of the circumstances leading to a waiver, see id., its mere existence is not outcome determinative whether a defendant is capable of making a knowing, intelligent, and voluntary waiver of his rights.

1997While “[i]lliteracy and low intelligence are factors in examining the totality of the circumstances leading to a waiver,” Commonwealth v. Taylor, 398 Mass. 725, 728 (1986), a “mentally deficient adult may make an effective waiver.” Commonwealth v. Cameron, 385 Mass. 660, 665 (1982).

23
Commonwealth v. Taylorgreen
mass · 1986 · cited in 2 Massachusetts opinions naming this issue, 1995–1997
2 sentences

1997While “[i]lliteracy and low intelligence are factors in examining the totality of the circumstances leading to a waiver,” Commonwealth v. Taylor, 398 Mass. 725, 728 (1986), a “mentally deficient adult may make an effective waiver.” Commonwealth v. Cameron, 385 Mass. 660, 665 (1982).

1995Commonwealth v. Taylor, 398 Mass. 725, 728 (1986).

22
Commonwealth v. Jacksongreen
mass · 2000 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., Commonwealth v. Jackson, 432 Mass. 82, 86-87 (2000) (defendant with intelligence quotient of sixty-five capable of waiving Miranda rights).

11
Commonwealth v. Danielsgreen
mass · 1975 · cited in 1 Massachusetts opinions naming this issue, 1983–1983
1 sentence

1983We have examined the totality of the circumstances leading to the waiver, including the conduct and character of the accused and the details of the interrogation, Commonwealth v. Daniels, 366 Mass. 601, 606 (1975), and find no error.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MA 5 (1983–2012) NY 2 (2016–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check