Massachusetts Supreme Judicial Court· 1/13/2012

Commonwealth v. Clarke

Citations

461 Mass. 336
960 N.E.2d 306
2012 WL 89250
2012 Mass. LEXIS 9

How courts have described this case

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

\we are in the same position as the . . . judge in viewing the videotape\
\we are in the same position as the [motion] judge in viewing the videotape\ [citation omitted]
“[I]n the pre-waiver context, art. 12 [of the Massachusetts state constitution] does not require a suspect to invoke his right to remain silent with the utmost clarity, as required under Federal law.”
“the defendant’s conduct—an explicit headshake in response to a direct question [of “So you don’t want to speak?”]—[was] sufficiently communicative so as to invoke his right to remain silent”
“[I]n the prewaiver context, art. 12 [of the Massachusetts state constitution] does not require a suspect to invoke his right to remain silent with the utmost clarity, as required under Federal law.”
independent review of video footage

Source: CourtListener parenthetical corpus (CC0).

Judges: Lenk

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Cited by

50 cases in this archive cite this case; the 20 most cited are listed.

Cites

56 cases in this archive are cited by this case; the 20 most cited are listed.

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