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Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes
by Anthony W. Accurso
The Supreme Judicial Court of the Commonwealth of Massachusetts upheld the suppression of a defendant’s statements to police after invoking his right to an attorney, because the Commonwealth failed to prove beyond a reasonable doubt that he had knowingly, voluntarily, and intelligently waived his right to ...
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More from this issue:
- A Guide to Getting the Most Out of a Plea Bargain, by Jacob Barrett
- Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum, by Dale Chappell
- What You Need to Know Before Contacting a Conviction Integrity Unit, by Kia Hall Hayes, Marissa Boyers Bluestine
- Study Examines the ‘Black Box’ of Prosecutorial Charging and Plea Bargaining Discretion, by David Reutter
- Man Rejects Plea Deal and Is Sentenced to 110 Years in Colorado Prison for Doing So, by Ashleigh Dye
- Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw, by David Reutter
- Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible, by Douglas Ankney
- Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate, by David Reutter
- Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1), by Dale Chappell
- ACLU Report Suggests Disturbing Pattern of Police Surveilling Protests to Identify People Peacefully Protesting Police Brutality
- Plea Bargaining: An Illegitimate System to Administer Justice?, by David Reutter
- First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted, by Anthony Accurso
- Ending Eyewitness Memory Contamination, by Matthew Clarke
- Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment, by Jacob Barrett
- Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’, by David Reutter
- Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant, by Douglas Ankney
- Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used, by Matthew Clarke
- California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’, by Douglas Ankney
- Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony, by Jacob Barrett
- Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes, by Anthony Accurso
- Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, by David Reutter
- A ‘Lucky’ Exoneration in Syracuse, by Jayson Hawkins
- Ninth Circuit Announces Irizarry Didn’t Eliminate Wise Requirement That Sentencing Court Provide Notice of Special Conditions of Supervised Release Prior to Imposing Sentence, by Matthew Clarke
- Maryland Prosecutor Covers for FBI Agent’s Lies in Defense of Junk Science, by Jayson Hawkins
- SCOTUS Rejects ‘Opening the Door’ Rule to Correct ‘Misleading Impression’ as Exception to Confrontation Clause Allowing Admission of Unconfronted Testimonial Hearsay, by Richard Resch
- North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle, by Anthony Accurso
- Fear and Freedom Twenty Years Later: How Post 9/11 Security Measures Overstepped Privacy, by Ashleigh Dye
- FBI Program Surveils Subject for 24 Days Using Spy Planes, by Anthony Accurso
- California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36, by Anthony Accurso
- Google Confirms Increasing Police Reliance on Geofence Warrants, by Anthony Accurso
- Pandemic Pressures Defendants into False Guilty Pleas, by David Reutter
- Search Your Constitution in Vain for the Fourth Amendment—the DOJ Seized It (Stealthily), by Douglas Ankney
- NYPD Using Secret Money for Surveillance Tech, by Anthony Accurso
- Dangers of Data Gathering by Los Angeles Police Department, by Edward Lyon
- Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy, by Dale Chappell
- Oregon Bans Police Lying to Obtain Confessions from Juveniles, by Jacob Barrett
- ‘Possible Cause’ Is All That’s Needed for Geofence Warrants, by Douglas Ankney
- News in Brief
- Police Disparage Philadelphia Citizenry with False Report That SEPTA Riders Stood Idle While Passenger was Raped, by Douglas Ankney
More from Anthony Accurso:
- Stinging Back: Resisting Government Surveillance of Cellphones, May 15, 2024
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., May 15, 2024
- Police Body Cameras, A Decade Later, May 15, 2024
- Use of Solitary Confinement on the Rise in ICE Facilities, May 15, 2024
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, April 15, 2024
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, April 15, 2024
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, April 15, 2024
- The FBI’s Rapidly Expanding DNA Database, April 15, 2024
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024
More from these topics:
- First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel, May 15, 2024. Confessions - Admissibility, Invocation of Rights.
- The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, Feb. 15, 2024. Commentary/Reviews, Wrongful Conviction, Confessions - Admissibility, Impeachment Evidence/Purposes, Miranda, Interrogation, In Custody, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
- Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements, Jan. 15, 2024. Informants, Post-Arrest Statements, Informants and Paid Witnesses, Confessions - Admissibility, Police Interrogations, Custodial Interrogations, Confessions and Statements of Defendant.
- Seventh Circuit: Whether Right to Counsel ‘Attaches’ Is Not Dependent on Defendant’s Appearance at Probable Cause Hearing, Sept. 1, 2023. Disciplinary Hearings, Court Appearances, Probable/Proximate Cause, After Request for Counsel.
- New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police, Feb. 15, 2023. After Request for Counsel.
- Edwards v. Arizona, No. 79-5269 (U.S. Supreme Court) (451 U.S. 477; 101 S.Ct. 1880) (May 18, 1981) (Justice White), May 26, 2009. Punch And Jurists, After Request for Counsel.
- Michigan v. Jackson, No. 84-1531 (U.S. Supreme Court) (475 U.S. 625; 106 S.Ct. 1404) (April 1, 1986) (Justice Stevens), May 26, 2009. Punch And Jurists, After Request for Counsel.
- Montejo v. Louisiana, No. 07-1529 (U.S. Supreme Court) (556 U.S. 778; 129 S.Ct. 2079) (May 26, 2009) (Justice Scalia), April 1, 2009. Punch And Jurists, After Request for Counsel.
- U.S. v. Universal Rehabilitation Services, No. 97-1412 (3rd Cir.) (167 F.3d 171) (February 11, 1999) (Judge Jane R. Roth), Feb. 1, 1999. Punch And Jurists, Confessions - Admissibility.
- U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan), Jan. 1, 1999. Punch And Jurists, Confessions - Admissibility.
