opportunity conferred rule (Massachusetts) · Go Syfert
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opportunity conferred rule in Massachusetts

6 Massachusetts opinions name it 3 courts 1983–2025 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.

Followed or applied (9)

CaseFollowedCited
Commonwealth v. Carrgreen
massappct · 1975 · cited in 4 Massachusetts opinions naming this issue, 1983–2025
2 sentences

2025We apply these common-law principles because "the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute, [and thus] the application of 'traditional indicia of waiver of rights' is appropriate." Barry, 390 Mass. at 296 , quoting Commonwealth v. Carr, 3 Mass. App. Ct. 654, 656 (1975).[14] See Dirico, 480 Mass. at 498-499 ; Commonwealth v. Farris, 390 Mass. 300, 305 (1983).

2016Barry, supra at 295 , quoting Commonwealth v. Look, 379 Mass. 893 , 898-99 n.2 (1980). “[B]ecause the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute, the application of ‘traditional indicia of waiver of rights’ is appropriate.” Id. at 296, quoting Commonwealth v. Carr, 3 Mass.App.Ct. 654, 656 (1975). 2.3.

44
Commonwealth v. Farrisgreen
mass · 1983 · cited in 2 Massachusetts opinions naming this issue, 1984–2025
2 sentences

2025We apply these common-law principles because "the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute, [and thus] the application of 'traditional indicia of waiver of rights' is appropriate." Barry, 390 Mass. at 296 , quoting Commonwealth v. Carr, 3 Mass. App. Ct. 654, 656 (1975).[14] See Dirico, 480 Mass. at 498-499 ; Commonwealth v. Farris, 390 Mass. 300, 305 (1983).

1984Barry v. Commonwealth, 390 Mass. 285 (1983); Commonwealth v. Farris, 390 Mass. 300 (1983); see also Commonwealth v. Grant, 391 Mass. 645 , 646 n.1 (1984). 5 In the Barry case, 390 Mass. at 295-296, the Supreme Judicial Court recognized that rule 36 is a court “‘management tool’” which “creates a means through which defendants who desire a speedy trial can secure one.” The court went on to say (at 296), “because the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute, the application of ‘traditional indicia of waiver of rights’ is appr

22
Barry v. Commonwealthgreen
mass · 1983 · cited in 4 Massachusetts opinions naming this issue, 1984–2025
2 sentences

2025We apply these common-law principles because "the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute, [and thus] the application of 'traditional indicia of waiver of rights' is appropriate." Barry, 390 Mass. at 296 , quoting Commonwealth v. Carr, 3 Mass. App. Ct. 654, 656 (1975).[14] See Dirico, 480 Mass. at 498-499 ; Commonwealth v. Farris, 390 Mass. 300, 305 (1983).

2018See Barry , 390 Mass. at 295 -296 , 455 N.E.2d 437 ( rule 36"creates a means through which [criminal] defendants who desire a speedy trial can secure one," but "the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute").

14
Commonwealth v. Grahamgreen
mass · 2018 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025See also Graham, 480 Mass. at 523-530 ; Commonwealth v. Mattos, 404 Mass. 672, 675 (1989); Commonwealth v. Campbell, 401 Mass. 698, 702 (1988).

11
Commonwealth v. Mattosgreen
mass · 1989 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025See also Graham, 480 Mass. at 523-530 ; Commonwealth v. Mattos, 404 Mass. 672, 675 (1989); Commonwealth v. Campbell, 401 Mass. 698, 702 (1988).

11
Commonwealth v. Campbellgreen
mass · 1988 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025See also Graham, 480 Mass. at 523-530 ; Commonwealth v. Mattos, 404 Mass. 672, 675 (1989); Commonwealth v. Campbell, 401 Mass. 698, 702 (1988).

11
Commonwealth v. Grantgreen
mass · 1984 · cited in 1 Massachusetts opinions naming this issue, 1984–1984
1 sentence

1984Barry v. Commonwealth, 390 Mass. 285 (1983); Commonwealth v. Farris, 390 Mass. 300 (1983); see also Commonwealth v. Grant, 391 Mass. 645 , 646 n.1 (1984). 5 In the Barry case, 390 Mass. at 295-296, the Supreme Judicial Court recognized that rule 36 is a court “‘management tool’” which “creates a means through which defendants who desire a speedy trial can secure one.” The court went on to say (at 296), “because the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute, the application of ‘traditional indicia of waiver of rights’ is appr

11
Barker v. Wingogreen
scotus · 1972 · cited in 1 Massachusetts opinions naming this issue, 1984–1984
1 sentence

1984Barry v. Commonwealth, 390 Mass. 285 (1983); Commonwealth v. Farris, 390 Mass. 300 (1983); see also Commonwealth v. Grant, 391 Mass. 645 , 646 n.1 (1984). 5 In the Barry case, 390 Mass. at 295-296, the Supreme Judicial Court recognized that rule 36 is a court “‘management tool’” which “creates a means through which defendants who desire a speedy trial can secure one.” The court went on to say (at 296), “because the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute, the application of ‘traditional indicia of waiver of rights’ is appr

11
Commonwealth v. Davisgreen
mass · 1975 · cited in 1 Massachusetts opinions naming this issue, 1983–1983
1 sentence

1983See Commonwealth v. Davis, 367 Mass. 422, 423-424 (1975).” Commonwealth v. Barry, supra at 296.

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 (2)

CaseCitedYears
Commonwealth v. Dirico green
mass · 2018
1 sentence

2025We apply these common-law principles because "the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute, [and thus] the application of 'traditional indicia of waiver of rights' is appropriate." Barry, 390 Mass. at 296 , quoting Commonwealth v. Carr, 3 Mass. App. Ct. 654, 656 (1975).[14] See Dirico, 480 Mass. at 498-499 ; Commonwealth v. Farris, 390 Mass. 300, 305 (1983).

12025–2025
Commonwealth v. Look green
mass · 1980
1 sentence

2016Barry, supra at 295 , quoting Commonwealth v. Look, 379 Mass. 893 , 898-99 n.2 (1980). “[B]ecause the opportunity conferred by the rule is not a fundamental constitutional right, or even a right created by statute, the application of ‘traditional indicia of waiver of rights’ is appropriate.” Id. at 296, quoting Commonwealth v. Carr, 3 Mass.App.Ct. 654, 656 (1975). 2.3.

12016–2016

Statutes the citing opinions construe

USC § 18u.s.c.3161 (3)

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.

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