Massachusetts Supreme Judicial Court· 7/9/2013

Commonwealth v. Gonzalez

Citations

465 Mass. 672
991 N.E.2d 1036
2013 WL 3369201
2013 Mass. LEXIS 568

How courts have described this case

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

no provocation instruction where defendant physically struggled with family and friends of victim, but contention that victim took part in altercation was “mere speculation”
no evidence of sudden combat where defendant was unable to demonstrate overt act by victim amounting to attack or exchange of blows
officer's repeated indication that \now was not the time to talk\ precluded finding of interrogation
no evidence of sudden combat where defendant was unable to demonstrate overt act by victim amounting to attack or exchange of blows
reasonable person in defendant's circumstances would not have understood officer's statement -- that it was \not the time to talk\ -- as attempt to elicit incriminating response
“term ‘functional equivalent’ includes ‘any words or actions on the part of the police [other than those normally attendant to arrest and custody] that the police should know are reasonably likely to elicit an incriminating response from the suspect’ ” [citation omitted]

Source: CourtListener parenthetical corpus (CC0).

Judges: Ireland

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Cited by

20 cases in this archive cite this case.

Cites

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

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