Skip to main content

Commonwealth v. Phinney

Citations

  • 622 N.E.2d 617
  • 416 Mass. 364
  • 1993 Mass. LEXIS 652

How courts have described this case

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

  • holding judge furnished adequate instructions to the jury to guide their consideration of photographic evidence
  • fact that suspect is free to terminate interview is strong evidence that questioning is noncustodial
  • suspect who voluntarily went to police station and was aware he was free to leave not in custody for Miranda purposes
  • “Admission of the photographs was within the judge’s discretion, and the judge furnished adequate instructions to the jury to guide their consideration of the evidence.”
  • waiver “is not knowing” if police fail to inform defendant that attorney has requested to be present or fail to respond to attorney attempting to contact police in charge of investigation
  • after questioning ceased because of the defendant’s invocation of his right to counsel, the defendant asked what was going to happen to him and, upon receiving an explanation of the different degrees of murder and manslaughter, stated he wanted to tell the truth

Source: CourtListener parenthetical corpus (CC0).

Judges: Liacos, Wilkins, Abrams, Lynch, Greaney

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

22 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.