Legal Opinion · Dissent

Commonwealth v. Mahnke

Massachusetts Supreme Judicial Court

Decided October 7, 1975Published

1Dissent

*705Kaplan, J.

(with whom Wilkins, J., joins, dissenting). The record of this case discloses a dangerous vigilantism, not to be condoned even if it began out of understandable feelings of frustration. The response of the police detective in charge of the official investigation to these private activities was maladroit or worse.1 Later, the same officer and others deliberately obstructed counsel’s access to the defendant when the defendant had dire need of advice. At a trial following such events, constitutional protections should have been accorded to the accused with particular scruple. The able…

2Cases cited41 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. Brown v. IllinoisSupreme Court of the United States · 1975
  3. Napue v. IllinoisSupreme Court of the United States · 1959
  4. United States v. RobinsonSupreme Court of the United States · 1973
  5. Harris v. New YorkSupreme Court of the United States · 1971

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