pretrial motion hearing (Massachusetts) · Go Syfert
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pretrial motion hearing in Massachusetts

6 Massachusetts opinions name it 2 courts 1982–2025 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 (10)

CaseFollowedCited
Commonwealth v. Tavaresgreen
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Tavares, 385 Mass. 140, 152 , cert. denied, 457 U.S. 1137 (1982). [5] At the pretrial motion hearing, trial counsel stated his intention not to "open any doors." The prosecutor assured the court that he had prepared the witness and told her "many times" to focus on the case at hand, not what happened in the past. [6] The defendant's ex-wife testified: "Yes, he moved out of the house because I felt he was in a really bad mental state and that -- I thought it was best that he wasn't around the children.

11
Fisher v. Washingtongreen
scotus · 1982 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025See Commonwealth v. Tavares, 385 Mass. 140, 152 , cert. denied, 457 U.S. 1137 (1982). [5] At the pretrial motion hearing, trial counsel stated his intention not to "open any doors." The prosecutor assured the court that he had prepared the witness and told her "many times" to focus on the case at hand, not what happened in the past. [6] The defendant's ex-wife testified: "Yes, he moved out of the house because I felt he was in a really bad mental state and that -- I thought it was best that he wasn't around the children.

11
Waller v. Georgiagreen
scotus · 1984 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
2 sentences

2014Although the United States Supreme Court has held that the Sixth Amendment right extends to certain pretrial proceedings, see Waller v. Georgia, 467 U.S. 39, 43 (1984) (Waller) (suppression hearings), and Presley v. Georgia, 558 U.S. 209,213 (2010) (jury voir dire), it has not held that it attaches to all pretrial proceedings. 4 To determine whether a particular pretrial proceeding is one to which the Sixth Amendment public trial right attaches, the inquiry “cannot be resolved solely on the label we give the event” but rather must be based on “considerations of experience and logic.” Press-Ent

2014See Waller, supra at 49-50 (remanding for public suppression hearing on those portions of hearing that need not be closed); United States v. Waters, 627 F.3d 345, 361 (9th Cir. 2010) (noting public trial right may have been vindicated by public availability of transcript).

11
Presley v. Georgiagreen
scotus · 2010 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Although the United States Supreme Court has held that the Sixth Amendment right extends to certain pretrial proceedings, see Waller v. Georgia, 467 U.S. 39, 43 (1984) (Waller) (suppression hearings), and Presley v. Georgia, 558 U.S. 209,213 (2010) (jury voir dire), it has not held that it attaches to all pretrial proceedings. 4 To determine whether a particular pretrial proceeding is one to which the Sixth Amendment public trial right attaches, the inquiry “cannot be resolved solely on the label we give the event” but rather must be based on “considerations of experience and logic.” Press-Ent

11
Commonwealth v. Walkergreen
mass · 2005 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Instead, consistent with his other findings, it is apparent that the judge used the phrase “not in session” to mean that the discussion with counsel took place before the pretrial motion hearing began and was administrative in nature, with no transcript or reporter being required. 3 Where, as here, a judge’s findings of fact are made after an evidentiary hearing on a motion for new trial, they “will be accepted if supported by the record.” Commonwealth v. Rosario, 460 Mass. 181, 195 (2011), quoting from Commonwealth v. Walker, 443 Mass. 213, 224 (2005).

11
Commonwealth v. Rosariogreen
mass · 2011 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Instead, consistent with his other findings, it is apparent that the judge used the phrase “not in session” to mean that the discussion with counsel took place before the pretrial motion hearing began and was administrative in nature, with no transcript or reporter being required. 3 Where, as here, a judge’s findings of fact are made after an evidentiary hearing on a motion for new trial, they “will be accepted if supported by the record.” Commonwealth v. Rosario, 460 Mass. 181, 195 (2011), quoting from Commonwealth v. Walker, 443 Mass. 213, 224 (2005).

11
Commonwealth v. Buckmangreen
mass · 2011 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014See Commonwealth v. Buckman, 461 Mass. 24, 29 (2011), citing Commonwealth v. Cohen (No. 1), 456 Mass. 94, 105 (2010) (Cohen [No. 1]).

11
United States v. Briana Watersgreen
ca9 · 2010 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014See Waller, supra at 49-50 (remanding for public suppression hearing on those portions of hearing that need not be closed); United States v. Waters, 627 F.3d 345, 361 (9th Cir. 2010) (noting public trial right may have been vindicated by public availability of transcript).

11
Commonwealth v. Cohengreen
mass · 2010 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014See Commonwealth v. Buckman, 461 Mass. 24, 29 (2011), citing Commonwealth v. Cohen (No. 1), 456 Mass. 94, 105 (2010) (Cohen [No. 1]).

11
Press-Enterprise Co. v. Superior Court of Cal., County of Riversidegreen
scotus · 1986 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Although the United States Supreme Court has held that the Sixth Amendment right extends to certain pretrial proceedings, see Waller v. Georgia, 467 U.S. 39, 43 (1984) (Waller) (suppression hearings), and Presley v. Georgia, 558 U.S. 209,213 (2010) (jury voir dire), it has not held that it attaches to all pretrial proceedings. 4 To determine whether a particular pretrial proceeding is one to which the Sixth Amendment public trial right attaches, the inquiry “cannot be resolved solely on the label we give the event” but rather must be based on “considerations of experience and logic.” Press-Ent

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 (4)

CaseCitedYears
Commonwealth v. Lampron green
mass · 2004
1 sentence

2006Id.

12006–2006
Commonwealth v. Whelton green
mass · 1998
1 sentence

2005Ibid.

12005–2005
Miranda v. Arizona green
scotus · 1966
1 sentence

1988In an attempt to cast doubt on the defendant’s credibility, the prosecutor highlighted inconsistencies between the defendant’s *738 statements during a pretrial motion hearing and his testimony during trial regarding when he was informed of his rights under Miranda v. Arizona, 384 U.S. 436 (1966).

11988–1988
Commonwealth v. Lopez green
mass · 1981
1 sentence

1982The proper “purpose of a motion in limine is to prevent irrelevant, inadmissible or prejudi *324 cial matters from being admitted in evidence.” Commonwealth v. Lopez, 383 Mass. 497 , 500 n.2 (1981).

11982–1982

Where else courts name it

MS 31 (1993–2025) NM 8 (2010–2024) GA 7 (2005–2024) SD 7 (1993–2025) MI 7 (1981–2026) IL 7 (1993–2024) TX 6 (1987–2025) MA 6 (1982–2025) KS 6 (1977–2021) AZ 5 (1985–2006) PA 4 (1979–2020) NY 4 (1988–2016) OH 3 (1994–2005) FL 3 (1999–2013) CA 3 (1978–2015) MD 3 (1969–1977) WY 2 (1979–1988) AL 2 (2001–2012) WI 2 (1997–2025) MO 2 (1972–1991) WA 2 (2014–2014) KY 2 (2019–2024)

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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