Mosley factors (Massachusetts) · Go Syfert
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Mosley factors in Massachusetts

5 Massachusetts opinions name it 2 courts 2012–2025 1 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 (7)

CaseFollowedCited
Commonwealth v. Clarkegreen
mass · 2012 · cited in 2 Massachusetts opinions naming this issue, 2016–2025
2 sentences

2025Clarke, 461 Mass. at 344 .

2025Clarke, 461 Mass. at 344 .

12
Commonwealth v. Avellargreen
massappct · 2007 · cited in 2 Massachusetts opinions naming this issue, 2012–2018
2 sentences

2018See Commonwealth v. Rivera , 424 Mass. 266 , 269 (1997) (no Mosley violation where interval was three and one-half hours); Commonwealth v. Avellar , 70 Mass. App. Ct. 608 , 616-617 (2007) (reversing suppression where interval was approximately two hours).

2012Contrast Rivera , 424 Mass, at 269 (no Mosley violation where interval was three and one-half hours); Commonwealth v. Avellar, 70 Mass. App. Ct. 608, 616 (2007) (suppression not required where interval was approximately two hours). 5 The second Mosley factor, focusing on who conducted the subsequent interrogation and its venue, inclines here in part toward the Commonwealth, and in part toward the defendant.

12
Commonwealth v. Riveragreen
mass · 1997 · cited in 1 Massachusetts opinions naming this issue, 2018–2018
1 sentence

2018See Commonwealth v. Rivera , 424 Mass. 266 , 269 (1997) (no Mosley violation where interval was three and one-half hours); Commonwealth v. Avellar , 70 Mass. App. Ct. 608 , 616-617 (2007) (reversing suppression where interval was approximately two hours).

11
Commonwealth v. Seniorgreen
mass · 2001 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
2 sentences

2016Contrast Commonwealth v. Senior, 433 Mass. 453, 463 (2001), quoting Commonwealth v. Pennellatore, 392 Mass. 382, 387 (1984) (defendant’s request to stop questioning “must be interpreted in the context of his willingness to talk both immediately prior to and subsequent to” that point). 18 We have described the Mosley factors as follows: whether “the police (1) had immediately ceased questioning; (2) resumed questioning ‘only after the passage of a significant period of time and the provision of a fresh set of warnings’; and (3) limited the scope of the later interrogation ‘to a crime that had n

2016Contrast Commonwealth v. Senior, 433 Mass. 453, 463 (2001), quoting Commonwealth v. Pennellatore, 392 Mass. 382, 387 (1984) (defendant’s request to stop questioning “must be interpreted in the context of his willingness to talk both immediately prior to and subsequent to” that point). 18 We have described the Mosley factors as follows: whether “the police (1) had immediately ceased questioning; (2) resumed questioning ‘only after the passage of a significant period of time and the provision of a fresh set of warnings’; and (3) limited the scope of the later interrogation ‘to a crime that had n

11
Commonwealth v. Pennellatoregreen
mass · 1984 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
2 sentences

2016Contrast Commonwealth v. Senior, 433 Mass. 453, 463 (2001), quoting Commonwealth v. Pennellatore, 392 Mass. 382, 387 (1984) (defendant’s request to stop questioning “must be interpreted in the context of his willingness to talk both immediately prior to and subsequent to” that point). 18 We have described the Mosley factors as follows: whether “the police (1) had immediately ceased questioning; (2) resumed questioning ‘only after the passage of a significant period of time and the provision of a fresh set of warnings’; and (3) limited the scope of the later interrogation ‘to a crime that had n

2016Contrast Commonwealth v. Senior, 433 Mass. 453, 463 (2001), quoting Commonwealth v. Pennellatore, 392 Mass. 382, 387 (1984) (defendant’s request to stop questioning “must be interpreted in the context of his willingness to talk both immediately prior to and subsequent to” that point). 18 We have described the Mosley factors as follows: whether “the police (1) had immediately ceased questioning; (2) resumed questioning ‘only after the passage of a significant period of time and the provision of a fresh set of warnings’; and (3) limited the scope of the later interrogation ‘to a crime that had n

11
Commonwealth v. Gallantgreen
mass · 1980 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012See Taylor , 374 Mass, at 434 (five minutes); Commonwealth v. Jackson, 377 Mass. 319, 326 (1979) (thirty minutes); Commonwealth v. Gallant, 381 Mass. 465, 468 (1980) (one minute).

11
Commonwealth v. Jacksongreen
mass · 1979 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012See Taylor , 374 Mass, at 434 (five minutes); Commonwealth v. Jackson, 377 Mass. 319, 326 (1979) (thirty minutes); Commonwealth v. Gallant, 381 Mass. 465, 468 (1980) (one minute).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Michigan v. Mosley green
scotus · 1975
1 sentence

2014Clarke, 461 Mass. at 344, quoting Mosley, supra at 106 .

12014–2014
United States v. Cecil Hsu green
ca9 · 1988
2 sentences

2012Hsu, 852 F.2d at 412 .

2012Hsu, 852 F.2d at 412 .

12012–2012

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (3)

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

TX 126 (1999–2026) CA 13 (1973–2023) WI 13 (1978–2024) MI 5 (1968–2018) MA 5 (2012–2025) KY 4 (1999–2021) OH 4 (2000–2021) FL 4 (1988–2024) GA 4 (2006–2013) CO 3 (1999–2025) PA 3 (2015–2021) SC 3 (2001–2013) MO 2 (2014–2019) NJ 2 (1986–1990) IN 2 (2014–2014) VA 2 (2014–2023) KS 2 (1997–1997) DC 2 (1981–1995) IA 2 (2010–2021) IL 2 (1981–1989)

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.

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