Commonwealth v. Beland’s Empirical Analysis
2002
Citation profile
32
cited by 32 later decisions
1
states following
August 2018
most recently cited
32 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · Moran v. Burbine · McNeil v. Wisconsin · Lehman Bros. v. Lilly · United States v. Testan
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We considered whether art. 12 provides greater protection for criminal defendants than the Federal Constitution, in the wake of Moran v. Burbine, 475 U.S. 412, 422 (1986) (holding Fifth Amendment does not require that police inform defendant of attorney’s efforts to make contact because ‘[e]vents occurring outside the presence of the suspect and entirely unknown to him surely . . . have no bearing on the capacity to comprehend and knowingly relinquish a constitutional right’). Commonwealth v. Mavredakis, [ 430 Mass. 848, 856 (2000)], quoting Moran v. Burbine, supra. We concluded that it does, noting that ‘[t]he history of art. 12 and our prior interpretations of its self-incrimination provisions . . . lead to the conclusion that art. 12 provides greater protection than the Federal Constitution does.’ Commonwealth v. Mavredakis, supra at 859 . See Commonwealth v. Cryer, 426 Mass. 562, 568 (1998). Focusing on a difference between ‘the abstract right to speak with an attorney mentioned in the Miranda warnings, and a concrete opportunity to meet “with an identifiable attorney actually able to provide at least initial assistance and advice,” ’ we reasoned that ‘the duty to inform a suspect of an attorney’s efforts to render assistance is necessary to actualize the abstract rights listed in Miranda v. Arizona, 384 U.S. 436 (1966).’ Commonwealth v. Mavredakis, supra at 859-860 , quoting State v. Haynes, 288 Or. 59, 72 (1979), cert. denied, 446 U.S. 945 (1980). We established a brig”
1 later decision quote this exact passage“free to reject the testimony of the defendant's expert”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.