· 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 CourtListenerSourced 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.