9 Massachusetts opinions name it 2 courts 1997–2023 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.
| Case | Followed | Cited |
|---|---|---|
Ciummei v. Commonwealthgreen2 sentences2003Id. at 508-509 . 1997Whenever a defendant in a criminal case decides to waive a trial by jury, he or she must file a written jury waiver, Commonwealth v. Wheeler, post 933, 934-935 (1997), and the judge must engage in a colloquy with the defendant in which, during the exchange, “the judge will advise the defendant of his constitutional right to a jury trial, and will satisfy himself that any waiver by the defendant is made voluntarily and intelligently.” Ciummei v. Commonwealth, 378 Mass. 504, 509 (1979). | 2 | 3 |
Commonwealth v. Hendricksgreen1 sentence2023Commonwealth v. Hendricks, 452 Mass. 97, 107-108 (2008). | 1 | 1 |
Commonwealth v. Scogginsgreen1 sentence2006“A defendant’s ‘self-serving affidavits and assertions are not sufficient, on their own, to raise a substantial issue.’ Commonwealth v. Scoggins, 439 Mass. 571, 578 (2003).” Commonwealth v. Denis, 442 Mass. 617, 633-634 (2004). | 1 | 1 |
Commonwealth v. Denisgreen1 sentence2006“A defendant’s ‘self-serving affidavits and assertions are not sufficient, on their own, to raise a substantial issue.’ Commonwealth v. Scoggins, 439 Mass. 571, 578 (2003).” Commonwealth v. Denis, 442 Mass. 617, 633-634 (2004). | 1 | 1 |
Commonwealth v. Schofieldgreen1 sentence1997Thus, the defendant’s answers to the judge’s questions must indicate to the judge that the defendant has “ ‘a comprehension of the nature of the choice’ between a bench and jury trial.” Commonwealth v. Schofield, 391 Mass. 772, 775-776 (1984), quoting from Ciummei v. Commonwealth, supra at 510. | 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. Osborne
green
2 sentences2019P. 19 (a), similarly calls for the waiver of the right to a jury trial to be in writing: "A case in which the defendant has the right to be tried by a jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and files the waiver with the clerk ...." We have recognized the requirement of a written jury waiver as a "legislative safeguard" designed "to create a moment of pause and reflection on the part of a defendant that is concomitant with signing one's name to a formal declaration relinquishing that right." Commonwealth v. Osborne , 445 Mass. 7 2019P. 19 (a), similarly calls for the waiver of the right to a jury trial to be in writing: "A case in which the defendant has the right to be tried by a jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and files the waiver with the clerk ...." We have recognized the requirement of a written jury waiver as a "legislative safeguard" designed "to create a moment of pause and reflection on the part of a defendant that is concomitant with signing one's name to a formal declaration relinquishing that right." Commonwealth v. Osborne , 445 Mass. 7 | 2 | 2018–2019 |
Commonwealth v. Pavao
green
2 sentences2018Both forms, however, were executed five months before the colloquy and trial. 6 See Commonwealth v. Abreu , 391 Mass. 777 , 778 (1984) (colloquy must be conducted "contemporaneously with and before accepting any waiver"); Commonwealth v. Pavao , 423 Mass. 798 , 803 (1996). 2018The purpose of the written jury waiver by the defendant is to "assure[ ] that the ultimate decision regarding waiver of the jury be left to the defendant himself, not his counsel." Osborne , 445 Mass. at 781 , quoting Commonwealth v. Pavao , 423 Mass. 798 , 803 (1996). | 2 | 2018–2018 |
Commonwealth v. Abreu
green
1 sentence2018Both forms, however, were executed five months before the colloquy and trial. 6 See Commonwealth v. Abreu , 391 Mass. 777 , 778 (1984) (colloquy must be conducted "contemporaneously with and before accepting any waiver"); Commonwealth v. Pavao , 423 Mass. 798 , 803 (1996). | 1 | 2018–2018 |
Commonwealth v. Wheeler
green
1 sentence2004Furthermore, we are not prepared to assume merely from the expansive language in a portion of the Collado opinion, ibid., that the Supreme Judicial Court intended sub silentio to supplant the bright-line rule reflected in our decision in Commonwealth v. Wheeler, supra, one year earlier. | 1 | 2004–2004 |
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.