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6 Massachusetts opinions name it 2 courts 1977–2018 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Ardongreen2 sentences2018He often mistranslated questions and answers, supplied questions and answers of his own, led the defendant into making incriminating statements, and suggested words to the defendant to the defendant's detriment. 6 See Commonwealth v. Ardon , 428 Mass. 496 , 500, 702 N.E.2d 808 (1998) ("defendant also has the opportunity to discredit the translation or credibility of the interpreter in order to demonstrate the lack of a voluntary and intelligent waiver"). 2018He often mistranslated questions and answers, supplied questions and answers of his own, led the defendant into making incriminating statements, and suggested words to the defendant to the defendant's detriment. 6 See Commonwealth v. Ardon , 428 Mass. 496 , 500, 702 N.E.2d 808 (1998) ("defendant also has the opportunity to discredit the translation or credibility of the interpreter in order to demonstrate the lack of a voluntary and intelligent waiver"). | 2 | 2 |
Commonwealth v. Raymondgreen1 sentence2002In Commonwealth v. Ardon, 428 Mass. 496, 500 (1998), the court expressly declined to implement a rule requiring that “every police department have readily available independent interpreters for every non-English speaking suspect,” and concluded “that suspects’ rights are adequately protected by the rule requiring the Commonwealth to prove a voluntary and intelligent waiver of Miranda rights.” The voluntariness of a statement is measured by “whether, in light of the totality of the circumstances surrounding the making of the statement, the will of the defendant was overborne to the extent that | 1 | 1 |
Commonwealth v. Selbygreen1 sentence2002In Commonwealth v. Ardon, 428 Mass. 496, 500 (1998), the court expressly declined to implement a rule requiring that “every police department have readily available independent interpreters for every non-English speaking suspect,” and concluded “that suspects’ rights are adequately protected by the rule requiring the Commonwealth to prove a voluntary and intelligent waiver of Miranda rights.” The voluntariness of a statement is measured by “whether, in light of the totality of the circumstances surrounding the making of the statement, the will of the defendant was overborne to the extent that | 1 | 1 |
Commonwealth v. Edwardsgreen2 sentences1998See Commonwealth v. Edwards, 420 Mass. 666, 670 (1995); Commonwealth v. Mandile, supra at 413. 1998See Commonwealth v. Edwards, supra at 670 ; Commonwealth v. Mandile, supra at 413, and cases cited. 4. | 1 | 1 |
Commonwealth v. Aliceagreen1 sentence1993It is instructive to compare the instant case to Commonwealth v. Alicea, 376 Mass. 506, 513-514 (1978), in which the defendant acknowledged receiving Miranda warnings before his situation became custodial. | 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. Sim
green
1 sentence2018Although the police are not required to use certified or independent interpreters *103 when questioning suspects, id . at 499-500, 702 N.E.2d 808 , "it should go without saying that the interpreter should be competent." Sim , supra at 224, 654 N.E.2d 340 (Brown, J., concurring). | 1 | 2018–2018 |
Creed v. Keyes
neutral
1 sentence1998Indeed, this court noted in Ciummei v. Commonwealth, 318 Mass. 504, 508 n.7 (1979), that “[t]he factors entering into an understanding and willing guilty plea are of so ramified a character that inquiry by a judge may be thought not only desirable but indispensable. . . . | 1 | 1998–1998 |
Commonwealth v. Frongillo
green
1 sentence1977But, he ruled, the defendant “did not make a voluntary and intelligent waiver of his fifth amendment rights.” The officer’s “deceptive statement” distinguished *614 this case from Commonwealth v. Frongillo, 359 Mass. 132 (1971). | 1 | 1977–1977 |
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.