Massachusetts Supreme Judicial Court· 12/26/2002

Commonwealth v. Oliveira

Citations

438 Mass. 325
780 N.E.2d 453
2002 Mass. LEXIS 914

How courts have described this case

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

remanding for examination of records by judge and for further motion for new trial
finding defendant’s proffer that allegations of abuse arose during “ ‘tumultuous time’ in . . . family home” sufficient to justify access to treatment records as records likely relevant to credibility
confining his analysis to whether a miscarriage of justice had occurred
argument that women remain with men who abuse them for \a variety of reasons\ was \grounded in common sense\
where holder of records fails to assert statutory privileges, trial judge must treat records as unprivileged
“The issue, then, is whether records that are not privileged, or as to which no privilege has been asserted, can be withheld .... [W]e conclude that they cannot”

Source: CourtListener parenthetical corpus (CC0).

Judges: Greaney, Sosman

Read full opinion on CourtListener

Cited by

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

Cites

21 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).

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.