Martin hearing (Massachusetts) · Go Syfert
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Martin hearing in Massachusetts

14 Massachusetts opinions name it 3 courts 1977–2025 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 (17)

CaseFollowedCited
Commonwealth v. Sandersgreen
mass · 2008 · cited in 3 Massachusetts opinions naming this issue, 2009–2015
2 sentences

2013See Pixley , 453 Mass, at 833, citing Commonwealth v. Sanders, 451 Mass. 290, 295-296 (2008) (“a Martin hearing should be conducted only as an exception to the general rule that the judge’s verification of the validity of the privilege be based on information provided in open court”).

2013See Pixley , 453 Mass, at 833, citing Commonwealth v. Sanders, 451 Mass. 290, 295-296 (2008) (“a Martin hearing should be conducted only as an exception to the general rule that the judge’s verification of the validity of the privilege be based on information provided in open court”).

33
Commonwealth v. Martingreen
mass · 1996 · cited in 4 Massachusetts opinions naming this issue, 2009–2017
2 sentences

2015A judge may hold an in camera hearing (called a “Martin hearing,” see Commonwealth v. Martin, 423 Mass. 496 [1996]) on the validity of an assertion of the right against self-incrimination only after holding an open hearing at which the parties are “invite[d] ... to provide the court with information that may shed light on whether the witness’s testimony . . . could possibly tend to incriminate him.” Pixley v. Commonwealth, supra. “Only in those rare circumstances where this information is inadequate to allow the judge to make an informed determination should the judge conduct an in camera Mart

2015A judge may hold an in camera hearing (called a “Martin hearing,” see Commonwealth v. Martin, 423 Mass. 496 [1996]) on the validity of an assertion of the right against self-incrimination only after holding an open hearing at which the parties are “invite[d] ... to provide the court with information that may shed light on whether the witness’s testimony . . . could possibly tend to incriminate him.” Pixley v. Commonwealth, supra. “Only in those rare circumstances where this information is inadequate to allow the judge to make an informed determination should the judge conduct an in camera Mart

24
Commonwealth v. Gardnergreen
massappct · 2023 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
2 sentences

2025See Commonwealth v. Gardner, 102 Mass. App. Ct. 299 , 304 (2023).

2025See Commonwealth v. Gardner, 102 Mass. App. Ct. 299 , 304 (2023).

11
Commonwealth v. Healygreen
mass · 2008 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
2 sentences

2024See Commonwealth v. Healy, 452 Mass. 510, 514 (2008) ("we assume that the judge gave no weight to the [inadmissible] evidence for the purposes of trial and considered it only for the [other] purposes"). 5 The panelists are listed in order of seniority. 5

2024See Commonwealth v. Healy, 452 Mass. 510, 514 (2008) ("we assume that the judge gave no weight to the [inadmissible] evidence for the purposes of trial and considered it only for the [other] purposes"). 5 The panelists are listed in order of seniority. 5

11
Commonwealth v. Simpsongreen
mass · 1976 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
2 sentences

2013Commonwealth v. Clemente, 452 Mass. 295, 318 (2008), cert, denied, 555 U.S. 1181 (2009), citing Commonwealth v. Simpson, 370 Mass. 119, 121 (1976).

2013Commonwealth v. Clemente, 452 Mass. 295, 318 (2008), cert, denied, 555 U.S. 1181 (2009), citing Commonwealth v. Simpson, 370 Mass. 119, 121 (1976).

11
Commonwealth v. Clementegreen
mass · 2008 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
2 sentences

2013Commonwealth v. Clemente, 452 Mass. 295, 318 (2008), cert, denied, 555 U.S. 1181 (2009), citing Commonwealth v. Simpson, 370 Mass. 119, 121 (1976).

2013Commonwealth v. Clemente, 452 Mass. 295, 318 (2008), cert, denied, 555 U.S. 1181 (2009), citing Commonwealth v. Simpson, 370 Mass. 119, 121 (1976).

11
Emery v. Crowleygreen
mass · 1976 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012Generally, “[a]n express easement can be extinguished only by grant, release, abandonment, estoppel or prescription.” Emery v. Crowley, 371 Mass. 489, 495 (1976).

11
Commonwealth v. Drumgoldgreen
mass · 1996 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
2 sentences

2009See Commonwealth v. Drumgold, 423 Mass. 230, 247-248 (1996). 7 A Martin hearing poses the unique situation of compelling potentially incriminating testimony from a reluctant witness for the sole purpose of determining whether the witness has a valid privilege against self-incrimination.

2009See Commonwealth v. Drumgold, 423 Mass. 230, 247-248 (1996). 7 A Martin hearing poses the unique situation of compelling potentially incriminating testimony from a reluctant witness for the sole purpose of determining whether the witness has a valid privilege against self-incrimination.

11
Commonwealth v. Austin A.green
mass · 2008 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
2 sentences

2009See Kastigar v. United States, 406 U.S. 441, 449 (1972); Commonwealth v. Austin A., 450 Mass. 665, 667-668 (2008). 8 To allow the defendant to argue the content of the Martin hearing before the Appeals Court would, out of fairness, require that the prosecution be given access to the impounded transcript as well. 9 This would defeat, for practical purposes, the reason for conducting the Martin hearing in camera in the first place, which was not simply to delay disclosure until appeal but to prevent disclosure entirely.

2009See Kastigar v. United States, 406 U.S. 441, 449 (1972); Commonwealth v. Austin A., 450 Mass. 665, 667-668 (2008). 8 To allow the defendant to argue the content of the Martin hearing before the Appeals Court would, out of fairness, require that the prosecution be given access to the impounded transcript as well. 9 This would defeat, for practical purposes, the reason for conducting the Martin hearing in camera in the first place, which was not simply to delay disclosure until appeal but to prevent disclosure entirely.

11
Kastigar v. United Statesgreen
scotus · 1972 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
2 sentences

2009See Kastigar v. United States, 406 U.S. 441, 449 (1972); Commonwealth v. Austin A., 450 Mass. 665, 667-668 (2008). 8 To allow the defendant to argue the content of the Martin hearing before the Appeals Court would, out of fairness, require that the prosecution be given access to the impounded transcript as well. 9 This would defeat, for practical purposes, the reason for conducting the Martin hearing in camera in the first place, which was not simply to delay disclosure until appeal but to prevent disclosure entirely.

2009See Kastigar v. United States, 406 U.S. 441, 449 (1972); Commonwealth v. Austin A., 450 Mass. 665, 667-668 (2008). 8 To allow the defendant to argue the content of the Martin hearing before the Appeals Court would, out of fairness, require that the prosecution be given access to the impounded transcript as well. 9 This would defeat, for practical purposes, the reason for conducting the Martin hearing in camera in the first place, which was not simply to delay disclosure until appeal but to prevent disclosure entirely.

11
Glassman v. Computervision Corp.green
ca1 · 1996 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006See Glassman v. Computervision Corp., 90 F.3d 617, 623 (1st Cir. 1996) (stating that a court may deny a motion to amend when it is an “attempt to alter the shape of the case in order to defeat summary judgment”); Kennedy v. Josephthal & Co., Inc. 814 F.2d 798, 806 (1st Cir. 1987) (affirming district court’s denial of motion to amend where the plaintiff filed the motion after the court took the application for summary judgment under advisement).

11
Blue Sky L. Rep. P 72,496, Fed. Sec. L. Rep. P 93,186 Thorburn Kennedy, Trustee v. Josephthal & Company, Inc., Edward M. Swartz and Fredric Swartzgreen
ca1 · 1987 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006See Glassman v. Computervision Corp., 90 F.3d 617, 623 (1st Cir. 1996) (stating that a court may deny a motion to amend when it is an “attempt to alter the shape of the case in order to defeat summary judgment”); Kennedy v. Josephthal & Co., Inc. 814 F.2d 798, 806 (1st Cir. 1987) (affirming district court’s denial of motion to amend where the plaintiff filed the motion after the court took the application for summary judgment under advisement).

11
Bowen v. Eli Lilly & Co.green
mass · 1990 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006Stated another way, the statute of limitations does not begin to run until the plaintiff has “(1) knowledge or sufficient notice that she was harmed and (2) knowledge or sufficient notice of what the cause of harm was.” Doe v. Harbor Sch., Inc., 63 Mass.App.Ct. 337, 343 (2005) (quoting Bowen v. Eli Lilly & Co., 408 Mass. 204, 208 (1990)). 3 In this case, BMC has pled the statute of limitations as a defense to Martin’s claim.

11
Doe v. Harbor Schools, Inc.green
massappct · 2005 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006Stated another way, the statute of limitations does not begin to run until the plaintiff has “(1) knowledge or sufficient notice that she was harmed and (2) knowledge or sufficient notice of what the cause of harm was.” Doe v. Harbor Sch., Inc., 63 Mass.App.Ct. 337, 343 (2005) (quoting Bowen v. Eli Lilly & Co., 408 Mass. 204, 208 (1990)). 3 In this case, BMC has pled the statute of limitations as a defense to Martin’s claim.

11
Hunnewell v. Hunnewellgreen
massappct · 1983 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002Hunnewell v. Hunnewell, 15 Mass. App. Ct. 358, 363-364 (1983). 3.

11
United States v. James Francis Melvingreen
ca1 · 1979 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
2 sentences

1980He also concluded that the Martin analysis had been made unnecessary by the holding in United States v. Melvin, 596 F.2d 492, 497 (1st Cir.), cert. denied, 444 U.S. 837 (1979): “[T]he reasonable implication of the affidavit is that the ‘unknown male’ was a bystander witness, not an informant.

1980He also concluded that the Martin analysis had been made unnecessary by the holding in United States v. Melvin, 596 F.2d 492, 497 (1st Cir.), cert. denied, 444 U.S. 837 (1979): “[T]he reasonable implication of the affidavit is that the ‘unknown male’ was a bystander witness, not an informant.

11
People v. Boohergreen
calctapp · 1971 · cited in 1 Massachusetts opinions naming this issue, 1977–1977
2 sentences

1977See People v. Booher, 18 Cal. App. 3d 331 (1971).

1977See People v. Booher, 18 Cal. App. 3d 331 (1971).

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 (7)

CaseCitedYears
Commonwealth v. Cong Duc Le green
mass · 2005
2 sentences

2017During the first day of DaSilva’s testimony, she stated, as she had at the Martin hearing, that her testimony before the grand jury had been coerced, and asserted multiple times that she did not remember events to which she had testified at the grand jury. 4 The judge conducted a voir dire examination to ascertain whether, pursuant to Commonwealth v. Daye, 393 Mass. 55 (1984), overruled on another ground by Commonwealth v. Cong Duc Le, 444 Mass. 431 (2005), and its progeny, DaSilva’s grand jury testimony was admissible substantively.

2017During the first day of DaSilva’s testimony, she stated, as she had at the Martin hearing, that her testimony before the grand jury had been coerced, and asserted multiple times that she did not remember events to which she had testified at the grand jury. 4 The judge conducted a voir dire examination to ascertain whether, pursuant to Commonwealth v. Daye, 393 Mass. 55 (1984), overruled on another ground by Commonwealth v. Cong Duc Le, 444 Mass. 431 (2005), and its progeny, DaSilva’s grand jury testimony was admissible substantively.

12017–2017
Commonwealth v. Daye red
mass · 1984
2 sentences

2017During the first day of DaSilva’s testimony, she stated, as she had at the Martin hearing, that her testimony before the grand jury had been coerced, and asserted multiple times that she did not remember events to which she had testified at the grand jury. 4 The judge conducted a voir dire examination to ascertain whether, pursuant to Commonwealth v. Daye, 393 Mass. 55 (1984), overruled on another ground by Commonwealth v. Cong Duc Le, 444 Mass. 431 (2005), and its progeny, DaSilva’s grand jury testimony was admissible substantively.

2017During the first day of DaSilva’s testimony, she stated, as she had at the Martin hearing, that her testimony before the grand jury had been coerced, and asserted multiple times that she did not remember events to which she had testified at the grand jury. 4 The judge conducted a voir dire examination to ascertain whether, pursuant to Commonwealth v. Daye, 393 Mass. 55 (1984), overruled on another ground by Commonwealth v. Cong Duc Le, 444 Mass. 431 (2005), and its progeny, DaSilva’s grand jury testimony was admissible substantively.

12017–2017
Commonwealth v. Young green
mass · 2012
2 sentences

2013In the second clause of the Martin formulation, “the circumstances must be viewed from the perspective of the intervening defendant, not of the third party.” Commonwealth v. Young, supra at 209 .

2013In the second clause of the Martin formulation, “the circumstances must be viewed from the perspective of the intervening defendant, not of the third party.” Commonwealth v. Young, supra at 209 .

12013–2013
In Re Ellen Brogna green
ca1 · 1978
2 sentences

2009Id., quoting In re Brogna, 589 F.2d 24 , 28 n.5 (1st Cir. 1978).

2009Id., quoting In re Brogna, 589 F.2d 24 , 28 n.5 (1st Cir. 1978).

12009–2009
New York v. Quarles green
scotus · 1984
1 sentence

2005The Commonwealth did not contend that the public safety exception to the Miranda requirement applied in this case, see New York v. Quarles, 467 U.S. 649 (1984); Commonwealth v. Alan A., a juvenile, 47 Mass. App. Ct. 271 (1999), and the facts would probably not have supported such a claim.

12005–2005
Commonwealth v. Alan A. green
massappct · 1999
1 sentence

2005The Commonwealth did not contend that the public safety exception to the Miranda requirement applied in this case, see New York v. Quarles, 467 U.S. 649 (1984); Commonwealth v. Alan A., a juvenile, 47 Mass. App. Ct. 271 (1999), and the facts would probably not have supported such a claim.

12005–2005
Melvin v. United States green
scotus · 1979
2 sentences

1980He also concluded that the Martin analysis had been made unnecessary by the holding in United States v. Melvin, 596 F.2d 492, 497 (1st Cir.), cert. denied, 444 U.S. 837 (1979): “[T]he reasonable implication of the affidavit is that the ‘unknown male’ was a bystander witness, not an informant.

1980He also concluded that the Martin analysis had been made unnecessary by the holding in United States v. Melvin, 596 F.2d 492, 497 (1st Cir.), cert. denied, 444 U.S. 837 (1979): “[T]he reasonable implication of the affidavit is that the ‘unknown male’ was a bystander witness, not an informant.

11980–1980

Where else courts name it

TX 40 (1983–2025) PA 37 (1990–2024) NY 34 (1939–2026) GA 32 (1981–2025) MS 31 (1977–2025) OH 30 (1987–2026) CA 21 (1926–2026) FL 20 (1971–2025) IN 19 (1975–2019) MA 14 (1977–2025) WA 13 (1980–2021) KY 13 (1956–2026) WI 12 (1988–2025) IA 11 (2000–2018) LA 10 (1979–2010) MO 8 (1985–2022) IL 7 (1983–2026) AZ 6 (2005–2023) MI 5 (1977–2023) KS 5 (2012–2026) VA 5 (1986–2026) AR 5 (1971–2014) CO 4 (1989–2026) MT 4 (1997–2015) DE 4 (2019–2023) VT 4 (1988–2005) WY 3 (1988–2022) DC 3 (1991–2024) ME 3 (1988–2026) AK 3 (1981–1991) NV 3 (1997–2021) MN 3 (2005–2015) ID 3 (1998–2026) TN 3 (2013–2022) AL 3 (2003–2024) UT 2 (2002–2024) OK 2 (1997–2025) NC 2 (2016–2019) MD 2 (2013–2014)

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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