Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
18 Massachusetts opinions name it 3 courts 2009–2023 3 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. DiGiambattistagreen2 sentences2023Although Miranda warnings were given to the defendant before police began recording the interview, trial counsel did not 8 request the jury be instructed that "they should weigh evidence of the defendant's alleged statement with great caution and care." Commonwealth v. DiGiambattista, 442 Mass. 423, 448 (2004) (DiGiambattista instruction). 2019The defendant also argued that his counsel had been ineffective because counsel did not request a DiGiambattista instruction on the ground that the beginning of the defendant's June 23, 2009 interrogation had not been recorded, including the portion where 12 the defendant assertedly was given Miranda warnings and waived his Miranda rights.11 See DiGiambattista, 442 Mass. at 447 . | 7 | 11 |
Commonwealth v. Barbosagreen2 sentences2023See Commonwealth v. Barbosa, 457 Mass. 773, 801 (2010), cert. denied, 563 U.S. 990 (2011). 2014Cf. Commonwealth v. Barbosa, 457 Mass. 773, 801-802 (2010), cert. denied, 131 S. Ct. 2441 (2011) (trial judge’s error in giving only part of DiGiambattista instruction did not prejudice defendant where his unrecorded police interview was “some of the weakest evidence against him”). 4. | 2 | 2 |
Commonwealth v. Jonesgreen2 sentences2011Because of the defendant’s injuries, he was confined to a hospital bed, but his responses to Robinson were coherent and made without hesitation, and despite his having ingested both alcohol and pain medication, nothing in the record indicates that he lacked the physical or mental capacity to participate willingly in the interview or to end it. 8 In sum, the interview was not a custodial interrogation; the defendant was not entitled to a DiGiambattista instruction based on Robinson’s failure to record the interview, see Commonwealth v. Jones, 75 Mass. App. Ct. 38, 45-46 (2009); and, therefore, 2011Because of the defendant’s injuries, he was confined to a hospital bed, but his responses to Robinson were coherent and made without hesitation, and despite his having ingested both alcohol and pain medication, nothing in the record indicates that he lacked the physical or mental capacity to participate willingly in the interview or to end it. 8 In sum, the interview was not a custodial interrogation; the defendant was not entitled to a DiGiambattista instruction based on Robinson’s failure to record the interview, see Commonwealth v. Jones, 75 Mass. App. Ct. 38, 45-46 (2009); and, therefore, | 2 | 2 |
Commonwealth v. Acevedogreen2 sentences2023See Acevedo, 446 Mass. at 442 . 2023See Acevedo, 446 Mass. at 442 . | 1 | 1 |
Hoeffner v. United Statesgreen2 sentences2023See Commonwealth v. Barbosa, 457 Mass. 773, 801 (2010), cert. denied, 563 U.S. 990 (2011). 2023See Commonwealth v. Barbosa, 457 Mass. 773, 801 (2010), cert. denied, 563 U.S. 990 (2011). | 1 | 1 |
Commonwealth v. Vachergreen2 sentences2023See also Commonwealth v. Vacher. 469 Mass. 425, 444 (20I4) (absence of instruction did not create substantial likelihood of injustice where, even if jury disregarded defendant's statement to police, there was -45- ample evidence to support conviction).[19] Accordingly, Mercado has not demonstrated that counsel's failure to request a DiGiambattista instruction constituted ineffective assistance of counsel warranting a new trial. 2023See also Commonwealth v. Vacher. 469 Mass. 425, 444 (20I4) (absence of instruction did not create substantial likelihood of injustice where, even if jury disregarded defendant's statement to police, there was -45- ample evidence to support conviction).[19] Accordingly, Mercado has not demonstrated that counsel's failure to request a DiGiambattista instruction constituted ineffective assistance of counsel warranting a new trial. | 1 | 1 |
Commonwealth v. Woodbinegreen2 sentences2019Further, where, as here, "voluntariness is a live issue and the humane practice instruction is given, the jury should also be advised that the where the Commonwealth was not seeking to introduce evidence from those conversations. 26 absence of a recording permits (but does not compel) them to conclude that the Commonwealth has failed to prove voluntariness beyond a reasonable doubt." Id. at 448 .17 The defendant would not have been entitled to a DiGiambattista instruction on the basis of any putative incomplete recordings of the June 22, 2009 interrogations, because those interrogations were d 2019Further, where, as here, "voluntariness is a live issue and the humane practice instruction is given, the jury should also be advised that the where the Commonwealth was not seeking to introduce evidence from those conversations. 26 absence of a recording permits (but does not compel) them to conclude that the Commonwealth has failed to prove voluntariness beyond a reasonable doubt." Id. at 448 .17 The defendant would not have been entitled to a DiGiambattista instruction on the basis of any putative incomplete recordings of the June 22, 2009 interrogations, because those interrogations were d | 1 | 1 |
Commonwealth v. Woodsgreen1 sentence2017See Commonwealth v. Woods, 466 Mass. 707 , 721 n.15, cert. denied, 134 S. Ct. 2855 (2014) (defendant entitled to DiGiambattista instruction ‘“even where ... the defendant affirmatively requests that that the interview not be recorded”). | 1 | 1 |
Savidge v. Donahoegreen1 sentence2017See Commonwealth v. Woods, 466 Mass. 707 , 721 n.15, cert. denied, 134 S. Ct. 2855 (2014) (defendant entitled to DiGiambattista instruction ‘“even where ... the defendant affirmatively requests that that the interview not be recorded”). | 1 | 1 |
Commonwealth v. Rousseaugreen2 sentences2016The DiGiambattista instruction “is required even when a defendant has refused a recording of his custodial interrogation.” Commonwealth v. Rousseau, 465 Mass. 372, 392 (2013). 2016The DiGiambattista instruction “is required even when a defendant has refused a recording of his custodial interrogation.” Commonwealth v. Rousseau, 465 Mass. 372, 392 (2013). | 1 | 1 |
Commonwealth v. Sheriffgreen1 sentence2014See Commonwealth v. Sheriff, 425 Mass. 186, 193 (1997). | 1 | 1 |
Commonwealth v. Whitegreen2 sentences2014Under the circumstances, “it was entirely likely that the omission was inadvertent and that the judge would have rectified the error had it been brought to his attention. [Defense counsel] should have brought the omission to the judge’s attention by objecting at the end of the charge.” Commonwealth v. White, 452 Mass. 133, 139 (2008). 2014Under the circumstances, “it was entirely likely that the omission was inadvertent and that the judge would have rectified the error had it been brought to his attention. [Defense counsel] should have brought the omission to the judge’s attention by objecting at the end of the charge.” Commonwealth v. White, 452 Mass. 133, 139 (2008). | 1 | 1 |
Commonwealth v. Robinsongreen2 sentences2013As an initial matter, we find nothing wrong with the gist of the judge’s additional language, which we think “hews to the lines laid out in DiGiambattista.” Commonwealth v. Robinson, 78 Mass. App. Ct. 714, 722 (2011) (affirming trial judge’s DiGiambattista instruction that informed jury that “[y]ou may consider whether or not the defendant indicated that he wished to . . . not be recorded”). 2013As an initial matter, we find nothing wrong with the gist of the judge’s additional language, which we think “hews to the lines laid out in DiGiambattista.” Commonwealth v. Robinson, 78 Mass. App. Ct. 714, 722 (2011) (affirming trial judge’s DiGiambattista instruction that informed jury that “[y]ou may consider whether or not the defendant indicated that he wished to . . . not be recorded”). | 1 | 1 |
Commonwealth v. Groomegreen2 sentences2011“A person is in custody whenever he is ‘deprived of his freedom of action in any significant way.’ ” Commonwealth v. Groome, 435 Mass. 201, 211 (2002), quoting from Commonwealth v. Haas, 373 Mass. 545, 551 (1977). 2011“A person is in custody whenever he is ‘deprived of his freedom of action in any significant way.’ ” Commonwealth v. Groome, 435 Mass. 201, 211 (2002), quoting from Commonwealth v. Haas, 373 Mass. 545, 551 (1977). | 1 | 1 |
Commonwealth v. Haasgreen2 sentences2011“A person is in custody whenever he is ‘deprived of his freedom of action in any significant way.’ ” Commonwealth v. Groome, 435 Mass. 201, 211 (2002), quoting from Commonwealth v. Haas, 373 Mass. 545, 551 (1977). 2011“A person is in custody whenever he is ‘deprived of his freedom of action in any significant way.’ ” Commonwealth v. Groome, 435 Mass. 201, 211 (2002), quoting from Commonwealth v. Haas, 373 Mass. 545, 551 (1977). | 1 | 1 |
Commonwealth v. Pimentalgreen1 sentence2010See Commonwealth v. Pimental, 454 Mass. 475, 479-480 (2009); Commonwealth v. Jones, 75 Mass. App. Ct. 38, 45-46 (2009). | 1 | 1 |
Uncapher v. Michigangreen2 sentences2009See Commonwealth v. Dagley, 442 Mass. 713, 721 (2004), cert, denied, 544 U.S. 930 (2005). 2009See Commonwealth v. Dagley, 442 Mass. 713, 721 (2004), cert, denied, 544 U.S. 930 (2005). | 1 | 1 |
Commonwealth v. Dagleygreen2 sentences2009See Commonwealth v. Dagley, 442 Mass. 713, 721 (2004), cert, denied, 544 U.S. 930 (2005). 2009See Commonwealth v. Dagley, 442 Mass. 713, 721 (2004), cert, denied, 544 U.S. 930 (2005). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Hoyt
green
2 sentences2019Contrast Commonwealth v. Hoyt, 461 Mass. 143, 153 (2011). 28 Nonetheless, it was error for defense counsel not to request a DiGiambattista instruction on the basis of an incomplete recording of the defendant's interrogation on June 23, 2009. 2019Contrast Commonwealth v. Hoyt, 461 Mass. 143, 153 (2011). 28 Nonetheless, it was error for defense counsel not to request a DiGiambattista instruction on the basis of an incomplete recording of the defendant's interrogation on June 23, 2009. | 1 | 2019–2019 |
Commonwealth v. Wright
green
2 sentences2019The absence of a DiGiambattista instruction in this case, however, was not likely to have influenced the jury's conclusion, see Wright, 411 Mass. at 682 , and did not result in a substantial likelihood of a miscarriage of justice. 2019The absence of a DiGiambattista instruction in this case, however, was not likely to have influenced the jury's conclusion, see Wright, 411 Mass. at 682 , and did not result in a substantial likelihood of a miscarriage of justice. | 1 | 2019–2019 |
Commonwealth v. Weaver
green
2 sentences2018Commonwealth v. Weaver , 474 Mass. 787 , 793, 54 N.E.3d 495 (2016), cert. denied, --- U.S. ----, 137 S.Ct. 809 , 196 L.Ed.2d 595 (2017). 5 Wallace , like this case, involved a defendant's statements made to Canadian law enforcement officers. 2018Commonwealth v. Weaver , 474 Mass. 787 , 793, 54 N.E.3d 495 (2016), cert. denied, --- U.S. ----, 137 S.Ct. 809 , 196 L.Ed.2d 595 (2017). 5 Wallace , like this case, involved a defendant's statements made to Canadian law enforcement officers. | 1 | 2018–2018 |
Weaver v. Massachusetts
green
2 sentences2018Commonwealth v. Weaver , 474 Mass. 787 , 793, 54 N.E.3d 495 (2016), cert. denied, --- U.S. ----, 137 S.Ct. 809 , 196 L.Ed.2d 595 (2017). 5 Wallace , like this case, involved a defendant's statements made to Canadian law enforcement officers. 2018Commonwealth v. Weaver , 474 Mass. 787 , 793, 54 N.E.3d 495 (2016), cert. denied, --- U.S. ----, 137 S.Ct. 809 , 196 L.Ed.2d 595 (2017). 5 Wallace , like this case, involved a defendant's statements made to Canadian law enforcement officers. | 1 | 2018–2018 |
Stevens v. Mississippi
green
1 sentence2014Cf. Commonwealth v. Barbosa, 457 Mass. 773, 801-802 (2010), cert. denied, 131 S. Ct. 2441 (2011) (trial judge’s error in giving only part of DiGiambattista instruction did not prejudice defendant where his unrecorded police interview was “some of the weakest evidence against him”). 4. | 1 | 2014–2014 |
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.