police have given warning (Massachusetts) · Go Syfert
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police have given warning in Massachusetts

6 Massachusetts opinions name it 2 courts 1996–2023 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.

Followed or applied (5)

CaseFollowedCited
Miranda v. Arizonagreen
scotus · 1966 · cited in 6 Massachusetts opinions naming this issue, 1996–2023
2 sentences

2023See Commonwealth v. Alemany, 488 Mass. 499 , 511 (2021). "'A defendant's silence after the police have given the warnings mandated by Miranda v. Arizona, 384 U.S. 436, 467-479 (1966), may not be used against the defendant' to impeach an (2014) ("a prosecutor may argue reasonable inferences from the evidence"). 15In opening, the defense counsel contended that, based on certain facts to be introduced in evidence, such as the victim asking a friend to hand him something, the jury should ask, "Was there a gun in the car?" And in closing, the defense counsel argued that the police investigation was

2020In Doyle v. Ohio, 426 U.S. 610 (1976), the United States Supreme Court held that a defendant's silence after the police have given the warnings mandated by Miranda v. Arizona, 384 U.S. 436 (1966), may not be used against that defendant.

56
Commonwealth v. Waitegreen
mass · 1996 · cited in 5 Massachusetts opinions naming this issue, 1998–2023
2 sentences

2023See Commonwealth v. Alemany, 488 Mass. 499 , 511 (2021). "'A defendant's silence after the police have given the warnings mandated by Miranda v. Arizona, 384 U.S. 436, 467-479 (1966), may not be used against the defendant' to impeach an (2014) ("a prosecutor may argue reasonable inferences from the evidence"). 15In opening, the defense counsel contended that, based on certain facts to be introduced in evidence, such as the victim asking a friend to hand him something, the jury should ask, "Was there a gun in the car?" And in closing, the defense counsel argued that the police investigation was

2000“A defendant’s silence after the police have given the warnings mandated by Miranda v. Arizona, 384 U.S. 436, 467-479 (1966), may not be used against that defendant. . . . [T]o do so would ‘penalize’ the invocation of the right to Silence.” Commonwealth v. Waite, 422 Mass. 792, 797 (1996), citing Doyle v. Ohio, 426 U.S. 610 (1974).

55
Doyle v. Ohiogreen
scotus · 1976 · cited in 5 Massachusetts opinions naming this issue, 1996–2023
2 sentences

2020In Doyle v. Ohio, 426 U.S. 610 (1976), the United States Supreme Court held that a defendant's silence after the police have given the warnings mandated by Miranda v. Arizona, 384 U.S. 436 (1966), may not be used against that defendant.

2000“A defendant’s silence after the police have given the warnings mandated by Miranda v. Arizona, 384 U.S. 436, 467-479 (1966), may not be used against that defendant. . . . [T]o do so would ‘penalize’ the invocation of the right to Silence.” Commonwealth v. Waite, 422 Mass. 792, 797 (1996), citing Doyle v. Ohio, 426 U.S. 610 (1974).

35
Commonwealth v. Guygreen
mass · 2004 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023See Commonwealth v. Alemany, 488 Mass. 499 , 511 (2021). "'A defendant's silence after the police have given the warnings mandated by Miranda v. Arizona, 384 U.S. 436, 467-479 (1966), may not be used against the defendant' to impeach an (2014) ("a prosecutor may argue reasonable inferences from the evidence"). 15In opening, the defense counsel contended that, based on certain facts to be introduced in evidence, such as the victim asking a friend to hand him something, the jury should ask, "Was there a gun in the car?" And in closing, the defense counsel argued that the police investigation was

11
Commonwealth v. Persongreen
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000See Commonwealth v. Person, supra at 140 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (4)

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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