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Commonwealth v. Gonsalves

Citations

  • 445 Mass. 1
  • 833 N.E.2d 549
  • 2005 Mass. LEXIS 479

How courts have described this case

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

  • holding that the term interrogation \must be understood expansively to mean all law enforcement questioning related to the investigation or prosecution of a crime\
  • holding a victim's out-of-court statement to police officer per se testimonial, but those made to her mother nontestimonial
  • noting that out-of-court statement admissible as spontaneous utterance may nonetheless be testimonial
  • \Questioning by law enforcement agents to secure a volatile scene or establish the need for or provide medical care is not colloquially understood as interrogation -- it is not commonly understood as related to the investigation or prosecution of a crime\ [footnote omitted]
  • daughter’s account of battery by defendant not testimonial when made in response to mother’s inquiries within minutes of attack
  • “We conclude that questioning by law enforcement agents ... other than to secure a volatile scene or to establish the need for or provide medical care, is interrogation [and thus testimonial.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sosman, Spina

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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