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· 7/25/1979

Ciummei v. Commonwealth

Citations

  • 392 N.E.2d 1186
  • 378 Mass. 504
  • 1979 Mass. LEXIS 877

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • considering, in writ of error proceeding, evidence outside trial record in support of claim that defendant's jury waiver was not knowing and voluntary
  • “We do not intend to create a rigid pattern but note that ... the judge might state that the ... verdict of the jury must be unanimous . . . . ”
  • \a conviction cannot stand which follows upon a jury waiver that is not freely and knowingly given\
  • “it is not unreasonable for courts to refrain . . . from constitutionalizing a particular means of demonstrating the legality of the waiver”
  • in context of jury waiver, written waiver required by statute and oral colloquy by court rule
  • among other things, court should ensure that the defendant “has not been pressured or cajoled and is not intoxicated or otherwise rendered incapable of rational judgment”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Quirico, Kaplan, Liacos, Abrams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.