· 12/16/1980
Commonwealth v. Cundriff
Citations
- 415 N.E.2d 172
- 382 Mass. 137
- 17 A.L.R. 4th 287
- 1980 Mass. LEXIS 1398
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- tracing Massachusetts common-law knock and announce rule’s basis to English common law
- without a showing of prejudice by late disclosure of inculpatory evidence, new trial cannot be granted
- trial court’s finding that announcement would have endangered police amply supported where defendant was suspect in armed robbery involving handguns and sawed-off shotgun
- no prejudice from late disclosure of inculpatory evidence where judge continued case for one day, and defendant did not request more time for investigation
- defendant must demonstrate prejudice by late disclosure and how new trial would substantially remedy that prejudice
- court recognized late disclosure claim based on failure to turn over defendant’s inculpatory statement but concluded relief was not warranted where defendant was not prejudiced
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Kaplan, Wilkins, Liacos, Abrams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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