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17 Massachusetts opinions name it 4 courts 1980–2018 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Lambgreen2 sentences2018McGovern asked the defendant medical questions, but did not give him Lamb warnings. 7 See Commonwealth v. Lamb , 365 Mass. 265 , 270, 311 N.E.2d 47 (1974). 2018McGovern asked the defendant medical questions, but did not give him Lamb warnings. 7 See Commonwealth v. Lamb , 365 Mass. 265 , 270, 311 N.E.2d 47 (1974). | 10 | 12 |
Department of Youth Services v. a Juvenilegreen2 sentences2001Cf. Department of Youth Servs. v. A Juvenile, supra (under Lamb , Commonwealth’s examinations of a juvenile prior to a commitment hearing, “if they were to be the basis of the expert’s opinion, should have been preceded by the Lamb warnings”). 2001Cf. Department of Youth Servs. v. A Juvenile, supra (under Lamb , Commonwealth’s examinations of a juvenile prior to a commitment hearing, “if they were to be the basis of the expert’s opinion, should have been preceded by the Lamb warnings”). | 2 | 3 |
Commonwealth v. Moraisgreen1 sentence2014See Commonwealth v. Morais, 431 Mass. 380, 382-383 (2000). | 1 | 1 |
Commonwealth v. Brandweingreen1 sentence2011See Commonwealth v. Brandwein, 435 Mass. 623, 628-31 (2002) (noting, inter alia, that§20B “only grants an evidentiary privilege within the course of a ‘proceeding’ it does not provide that patient/psychotherapist communications are by their nature confidential as a matter of law). | 1 | 1 |
Commonwealth v. Hiltongreen1 sentence2007See Hilton, 443 Mass. at 607 (defendant who had mental impairments and who had difficulty understanding basic concepts and Lamb warnings did not voluntarily and knowingly waive Miranda). | 1 | 1 |
Adoption of Kirkgreen1 sentence2002Contrast Commonwealth v. Barboza, 387 Mass. 105, 108 , cert. denied, 459 U.S. 1020 (1982); Commonwealth v. DelVerde, 401 Mass. 447 , 451 n.8 (1988); Adoption of Kirk, 35 Mass. App. Ct. 533, 539 (1993). | 1 | 1 |
Commonwealth v. Schulzegreen2 sentences1986As we read the Lamb case, those interviews, if they were to be the basis of the expert’s opinion, should have been preceded by the Lamb warnings. 12 “We cannot conclude in all fairness that the jury would not possibly have found this evidence significant in their consideration of the issue of [the juvenile’s mental disorder and whether he was physically dangerous to the public].” Commonwealth v. Schulze, 389 Mass. 735, 742 (1983). *527 Because there is a substantial risk of a miscarriage of justice, we reverse and remand for a new trial. 3. 1986As we read the Lamb case, those interviews, if they were to be the basis of the expert’s opinion, should have been preceded by the Lamb warnings. 12 “We cannot conclude in all fairness that the jury would not possibly have found this evidence significant in their consideration of the issue of [the juvenile’s mental disorder and whether he was physically dangerous to the public].” Commonwealth v. Schulze, 389 Mass. 735, 742 (1983). *527 Because there is a substantial risk of a miscarriage of justice, we reverse and remand for a new trial. 3. | 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. DelVerde
green
2 sentences2014Although Lamb warnings have been analogized to Miranda warnings, see Commonwealth v. DelVerde, 401 Mass. 447 , 452 n.8 (1988), Miranda warnings are constitutionally required while Lamb warnings are a purely statutory construct. 2002Contrast Commonwealth v. Barboza, 387 Mass. 105, 108 , cert. denied, 459 U.S. 1020 (1982); Commonwealth v. DelVerde, 401 Mass. 447 , 451 n.8 (1988); Adoption of Kirk, 35 Mass. App. Ct. 533, 539 (1993). | 2 | 2002–2014 |
Commonwealth v. Alfonso A.
green
2 sentences2018In support, the petitioner cites Commonwealth v. Alfonso A. , 438 Mass. 372 , 380-381, 780 N.E.2d 1244 (2003), quoting Commonwealth v. MacNeill , 399 Mass. 71 , 78, 502 N.E.2d 938 (1987), which states the principle that a valid waiver of Miranda rights by a juvenile age fourteen years or older requires a "genuine opportunity" to consult with an "interested adult." We decline to extend this requirement to the giving of a Lamb warning to a juvenile. 2018In support, the petitioner cites Commonwealth v. Alfonso A. , 438 Mass. 372 , 380-381, 780 N.E.2d 1244 (2003), quoting Commonwealth v. MacNeill , 399 Mass. 71 , 78, 502 N.E.2d 938 (1987), which states the principle that a valid waiver of Miranda rights by a juvenile age fourteen years or older requires a "genuine opportunity" to consult with an "interested adult." We decline to extend this requirement to the giving of a Lamb warning to a juvenile. | 1 | 2018–2018 |
Commonwealth v. MacNeill
green
2 sentences2018In support, the petitioner cites Commonwealth v. Alfonso A. , 438 Mass. 372 , 380-381, 780 N.E.2d 1244 (2003), quoting Commonwealth v. MacNeill , 399 Mass. 71 , 78, 502 N.E.2d 938 (1987), which states the principle that a valid waiver of Miranda rights by a juvenile age fourteen years or older requires a "genuine opportunity" to consult with an "interested adult." We decline to extend this requirement to the giving of a Lamb warning to a juvenile. 2018In support, the petitioner cites Commonwealth v. Alfonso A. , 438 Mass. 372 , 380-381, 780 N.E.2d 1244 (2003), quoting Commonwealth v. MacNeill , 399 Mass. 71 , 78, 502 N.E.2d 938 (1987), which states the principle that a valid waiver of Miranda rights by a juvenile age fourteen years or older requires a "genuine opportunity" to consult with an "interested adult." We decline to extend this requirement to the giving of a Lamb warning to a juvenile. | 1 | 2018–2018 |
Commonwealth v. Selby
green
2 sentences2011The test for voluntariness of a confession is “whether, in light of the totality of the circumstances surrounding the making of the statement, the will of the defendant was overborne to the extent that the confession was not the result of a free and voluntary act.” Commonwealth v. Selby, 420 Mass. 656, 663 , 651 N.E.2d 843 (1995). 2011The test for voluntariness of a confession is “whether, in light of the totality of the circumstances surrounding the making of the statement, the will of the defendant was overborne to the extent that the confession was not the result of a free and voluntary act.” Commonwealth v. Selby, 420 Mass. 656, 663 , 651 N.E.2d 843 (1995). | 1 | 2011–2011 |
Commonwealth v. Lamb
green
1 sentence2008Dr. Schuchman gave the defendant the Lamb warnings, 5 see Commonwealth v. Lamb, 365 Mass. 265, 270 (1974), S.C., 372 Mass. 17 (1977), and interviewed him for about four hours in the month following the killing. | 1 | 2008–2008 |
Commonwealth v. Barboza
green
1 sentence2002Contrast Commonwealth v. Barboza, 387 Mass. 105, 108 , cert. denied, 459 U.S. 1020 (1982); Commonwealth v. DelVerde, 401 Mass. 447 , 451 n.8 (1988); Adoption of Kirk, 35 Mass. App. Ct. 533, 539 (1993). | 1 | 2002–2002 |
Laracuente-Matos v. Puerto Rico Department of Labor & Human Resources
green
1 sentence2002Contrast Commonwealth v. Barboza, 387 Mass. 105, 108 , cert. denied, 459 U.S. 1020 (1982); Commonwealth v. DelVerde, 401 Mass. 447 , 451 n.8 (1988); Adoption of Kirk, 35 Mass. App. Ct. 533, 539 (1993). | 1 | 2002–2002 |
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.
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.