making waiver (Massachusetts) · Go Syfert
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making waiver in Massachusetts

17 Massachusetts opinions name it 4 courts 1921–2025 2 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 (11)

CaseFollowedCited
Commonwealth v. Edwardsgreen
mass · 1995 · cited in 10 Massachusetts opinions naming this issue, 1996–2017
2 sentences

2017In deciding whether a defendant's waiver of his Miranda rights is valid, "[we] must examine the totality of the circumstances surrounding the making of the waiver." Commonwealth v. Edwards, 420 Mass. 666, 670 (1995), quoting from Commonwealth v. Medeiros, 395 Mass. 336, 345 (1985).

2015“In determining whether a waiver was made voluntarily, the court must examine the totality of the circumstances surrounding the making of the waiver.” Id.

310
Commonwealth v. Medeirosgreen
mass · 1985 · cited in 3 Massachusetts opinions naming this issue, 1995–2017
2 sentences

2017In deciding whether a defendant's waiver of his Miranda rights is valid, "[we] must examine the totality of the circumstances surrounding the making of the waiver." Commonwealth v. Edwards, 420 Mass. 666, 670 (1995), quoting from Commonwealth v. Medeiros, 395 Mass. 336, 345 (1985).

2011“In determining whether a waiver was made voluntarily, the court must examine the totality of the circumstances surrounding the making of the waiver.” Commonwealth v. Edwards, 420 Mass. 666, 670 (1995), citing Commonwealth v. Medeiros, 395 Mass. 336, 345 (1985).

33
Commonwealth v. Mandilegreen
mass · 1986 · cited in 5 Massachusetts opinions naming this issue, 1997–2015
2 sentences

1998In determining the voluntariness of a waiver, “the court must examine the totality of the circumstances surrounding the making of the waiver.” Commonwealth v. Magee, supra, quoting Commonwealth v. Edwards, supra. The relevant factors include “promises or other inducements, conduct of the defendant, the defendant’s age, education, intelligence and emotional stability, experience with and in the criminal justice system, physical and mental condition, the initiator of the discussion of a deal or leniency (whether the defendant or the police), and the details of the interrogation, including the re

1997“In determining whether a waiver was made voluntarily, the court must examine the totality of the circumstances surrounding the making of the waiver.” Id., quoting Commonwealth v. Edwards, supra. The relevant factors include, but are not limited to, “promises or other inducements, conduct of the defendant, the defendant’s age, education, intelligence and emotional stability, experience with and in the criminal justice system, physical and mental condition, the initiator of the discussion of a deal or leniency (whether the defendant or the police), and the details of the interrogation, includin

25
Commonwealth v. Mageegreen
mass · 1996 · cited in 3 Massachusetts opinions naming this issue, 1998–1999
2 sentences

1999In making this determination, the court “must examine the totality of the circumstances surrounding the making of the waiver.” Commonwealth v. Pucillo, 427 Mass. 108, 110 (1998), quoting Commonwealth v. Magee, 423 Mass. 381, 386 (1996).

1998In determining the voluntariness of a waiver, “the court must examine the totality of the circumstances surrounding the making of the waiver.” Commonwealth v. Magee, supra, quoting Commonwealth v. Edwards, supra. The relevant factors include “promises or other inducements, conduct of the defendant, the defendant’s age, education, intelligence and emotional stability, experience with and in the criminal justice system, physical and mental condition, the initiator of the discussion of a deal or leniency (whether the defendant or the police), and the details of the interrogation, including the re

13
Polay v. McMahongreen
mass · 2014 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024Polay v. McMahon, 468 Mass. 379, 385-386 (2014).

11
Commonwealth v. Martinezgreen
mass · 2011 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
1 sentence

2017This 18 requires us to consider such factors as the "conduct of the defendant, the defendant's age, education, intelligence and emotional stability, experience with and in the criminal justice system, [and] physical and mental condition." Commonwealth v. Martinez, 458 Mass. 684, 692 (2011) (quotation omitted).

11
Commonwealth v. Jacksongreen
mass · 2000 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015“Relevant factors to consider include, but are not limited to, ‘promises or other inducements, conduct of the defendant, the defendant’s age, education, intelligence, and emotional stability, experience with and in the criminal justice system, physical and mental condition, the initiator of a deal or leniency (whether the defendant or police), and the details of the interrogation, including the recitation of Miranda warnings.’ ” Commonwealth v. Jackson, 432 Mass. 82, 86 (2000), quoting Commonwealth v. Mandile, 397 Mass. 410, 413 (1986).

11
Boyle v. Hasbro, Inc.green
ca1 · 1996 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014“The standard for making a claim of intentional infliction of emotional distress is very high.” Doyle v. Hasbro, Inc., 103 F.3d 186, 195 (1st Cir. 1996), citing Agis v. Howard Johnson Co., 371 Mass. 140, 144-145 (1976).

11
Foley v. Polaroid Corp.green
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014See Foley v. Polaroid Corp., 400 Mass. 82, 99 (1987), quoting Agis v. Howard Johnson Co., supra at 144 (“the door to recovery should be opened but narrowly and with due caution”).

11
Agis v. Howard Johnson Co.green
mass · 1976 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014“The standard for making a claim of intentional infliction of emotional distress is very high.” Doyle v. Hasbro, Inc., 103 F.3d 186, 195 (1st Cir. 1996), citing Agis v. Howard Johnson Co., 371 Mass. 140, 144-145 (1976).

11
Commonwealth v. Pucillogreen
mass · 1998 · cited in 1 Massachusetts opinions naming this issue, 1999–1999
1 sentence

1999In making this determination, the court “must examine the totality of the circumstances surrounding the making of the waiver.” Commonwealth v. Pucillo, 427 Mass. 108, 110 (1998), quoting Commonwealth v. Magee, 423 Mass. 381, 386 (1996).

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 (3)

CaseCitedYears
Georgia, Florida & Alabama Railway Co. v. Blish Milling Co. green
scotus · 1916
2 sentences

1941In Fish Rubber Co. v. New York, New Haven & Hartford Railroad, 240 Mass. 40, at 44 , the court discusses the nature of such a claim, as follows: “It seems to us that the case comes within the authority of Georgia, Florida & Alabama Railways v. Blish Milling Co., 241 U. S. 190 , where a telegram ‘we will make claim against railroad for entire contents of car at invoice price’ was held to be in substance the making of a claim within the meaning of the stipulation.

1921It seems to us that the case comes within the authority of Georgia, Florida & Alabama Railway v. Blish Milling Co. 241 U. S. 190 , where a telegram “We will make claim against railroad for entire contents of car at invoice price” was held to be in substance the making of a claim within the meaning of the stipulation.

21921–1941
Commonwealth v. Melo green
mass · 2015
1 sentence

2025Id.

12025–2025
Fisk Rubber Co. v. New York, New Haven & Hartford Railroad green
mass · 1921
1 sentence

1941In Fish Rubber Co. v. New York, New Haven & Hartford Railroad, 240 Mass. 40, at 44 , the court discusses the nature of such a claim, as follows: “It seems to us that the case comes within the authority of Georgia, Florida & Alabama Railways v. Blish Milling Co., 241 U. S. 190 , where a telegram ‘we will make claim against railroad for entire contents of car at invoice price’ was held to be in substance the making of a claim within the meaning of the stipulation.

11941–1941

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (7)

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

CA 39 (1922–2025) IL 33 (1899–2024) TX 18 (1888–2019) MA 17 (1921–2025) LA 16 (1907–2022) PA 14 (1912–2012) NY 13 (1926–2012) WI 13 (1921–2024) NJ 11 (1969–2016) NE 10 (1908–2022) MI 9 (1922–1992) KY 9 (1928–2025) GA 8 (1895–2010) IN 7 (1948–2019) AZ 7 (1910–2015) AL 7 (1875–1997) MD 6 (1913–1997) OR 6 (1972–2026) OK 5 (1925–1952) MO 5 (1937–2021) KS 5 (1920–2001) CO 5 (1910–2001) DC 5 (1972–1995) AR 4 (1929–2013) OH 4 (1991–2026) VA 4 (1897–1975) WA 4 (1909–1932) NC 4 (1881–2003) ID 4 (1938–2011) MS 4 (1979–1994) VT 3 (1911–1954) MT 3 (1921–1997) NH 3 (1914–1980) IA 3 (1975–2022) AK 2 (1977–1984) WY 2 (1928–1954) SD 2 (1958–1978) HI 2 (1912–1982) FL 2 (1987–2026)

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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