Legal Opinion · Concurrence

Commonwealth v. Flowers

Massachusetts Appeals Court

Decided August 3, 1977Published

1ConcurrenceBrown, J.

A person accused of a crime has an absolute right under the Massachusetts Declaration of Rights as well as the Federal Constitution to a trial free from an atmosphere or circumstances tending to denigrate the seriousness of the process. See Estes v. Texas, 381 U. S. 532, 536 (1956). Judicial proceedings must have “dignity, order, and decorum.” Illinois v. Allen, 397 U. S. 337, 343 (1970). It seems to me that this situation would have been much healthier if the defendant White’s several motions for a severance and for a mistrial had been allowed. Compare United States v. DiFronzo, 345 F. 2d…

2Cases cited12 opinions

  1. Swain v. AlabamaSupreme Court of the United States · 1965
  2. Illinois v. AllenSupreme Court of the United States · 1970
  3. Estes v. TexasSupreme Court of the United States · 1965
  4. United States v. William BentvenaCourt of Appeals for the Second Circuit · 1963
  5. United States v. Honorable Jon O. NewmanCourt of Appeals for the Second Circuit · 1977

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