motion judge absent clear error (Massachusetts) · Go Syfert
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motion judge absent clear error in Massachusetts

7 Massachusetts opinions name it 2 courts 2002–2019 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.

Followed or applied (5)

CaseFollowedCited
Commonwealth v. Sparksgreen
mass · 2001 · cited in 2 Massachusetts opinions naming this issue, 2010–2019
2 sentences

2019See Commonwealth v. Mosher, 455 Mass. 811, 818 (2010), citing Commonwealth v. Sparks, 433 Mass. 654, 656 (2001) ("We accept as true the subsidiary findings of fact made by the motion judge absent clear error, deferring to the credibility findings of the judge, who had the opportunity to observe and evaluate the witnesses as they testified"). 18 clearly that the defendant requested to see Giana; subsequently, a police officer told the defendant that the officer would allow them to speak over the telephone.

2010See Commonwealth v. Sparks, 433 Mass. 654, 656 (2001), and cases cited.

22
Commonwealth v. DePeizagreen
mass · 2007 · cited in 2 Massachusetts opinions naming this issue, 2008–2015
2 sentences

2015Commonwealth v. DePeiza, 449 Mass. 367, 369 (2007).

2008“When reviewing a motion to suppress, we adopt the factual findings of the motion judge absent clear error.” Commonwealth v. DePeiza, 449 Mass. 367, 369 (2007).

22
Commonwealth v. Catanzarogreen
mass · 2004 · cited in 2 Massachusetts opinions naming this issue, 2007–2008
2 sentences

2008“We ‘independently determine the correctness of the judge’s application of constitutional principles to the facts as found.’ ” Ibid., quoting from Commonwealth v. Catanzaro, 441 Mass. 46, 50 (2004). 1.

2007Commonwealth v. Catanzaro, 441 Mass. 46, 50 (2004), and cases cited.

22
Commonwealth v. Moshergreen
mass · 2010 · cited in 1 Massachusetts opinions naming this issue, 2019–2019
1 sentence

2019See Commonwealth v. Mosher, 455 Mass. 811, 818 (2010), citing Commonwealth v. Sparks, 433 Mass. 654, 656 (2001) ("We accept as true the subsidiary findings of fact made by the motion judge absent clear error, deferring to the credibility findings of the judge, who had the opportunity to observe and evaluate the witnesses as they testified"). 18 clearly that the defendant requested to see Giana; subsequently, a police officer told the defendant that the officer would allow them to speak over the telephone.

11
Commonwealth v. Sannagreen
mass · 1997 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002Commonwealth v. Sanna, 424 Mass. 92, 97 (1997).

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 (1)

CaseCitedYears
Commonwealth v. Washington green
mass · 2007
1 sentence

2017We summarize the facts as found by the motion judge absent clear error, but conduct "an independent review of the judge's ultimate findings and conclusions of law." Commonwealth v. Washington , 449 Mass. 476 , 480 (2007).

12017–2017

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