Legal Opinion

In re Laura L.

Massachusetts Appeals Court

Decided May 28, 2002No. 00-P-746PublishedCited by 5 opinions

1Opinion of the CourtGreenberg, J.

Laura protests that a Juvenile Court judge’s order, committing her involuntarily to a mental health facility pursuant to G. L. c. 123, § 12(e),2 was invalid because state*854ments that she made to a court-appointed psychologist were admitted in evidence without a knowing Lamb waiver. See Commonwealth v. Lamb, 365 Mass. 265, 270 (1974).3 We conclude that the judge’s failure to make any inquiry or findings on the Lamb issue was error, amounting to a substantial risk of a miscarriage of justice and, therefore, vacate the order of commitment.

This, in outline, is the tortured history of the dispute.…

2Cases cited19 opinions

  1. Vitek v. JonesSupreme Court of the United States · 1980
  2. Department of Youth Services v. a JuvenileMassachusetts Supreme Judicial Court · 1986
  3. Selectmen of Topsfield v. State Racing CommissionMassachusetts Supreme Judicial Court · 1949
  4. Lockhart v. Attorney GeneralMassachusetts Supreme Judicial Court · 1984
  5. Commonwealth v. LambMassachusetts Supreme Judicial Court · 1974

14 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re EastmanMassachusetts District Court, Appellate Division · 2003
  2. Adoption of SerenaMassachusetts Appeals Court · 2005
  3. In re J.B.Massachusetts District Court, Appellate Division · 2014
  4. Walden Behavioral Care v. K. I.Massachusetts District Court, Appellate Division · 2014
  5. Walden Behavioral Care v. K. I.Massachusetts District Court, Appellate Division · 2014

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API