Legal Opinion

Commonwealth v. McClary

Massachusetts Appeals Court

Decided December 11, 1992No. 90-P-1564PublishedCited by 27 opinions

1Opinion of the CourtSmith, J.

A jury convicted the defendant of trafficking in cocaine and of possession of marijuana with intent to distribute. The latter conviction was placed on file. The defendant filed a timely notice of appeal from the conviction of trafficking in cocaine. He subsequently filed a pro se motion for a new trial on both convictions, claiming that he had received ineffective assistance of counsel. The motion was denied without a hearing, and the defendant appealed.

On appeal, the defendant claims, among other things, that the prosecutor impermissibly questioned him about his post-Miranda silence and also…

2Cases cited20 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. Doyle v. OhioSupreme Court of the United States · 1976
  3. Jenkins v. AndersonSupreme Court of the United States · 1980
  4. Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
  5. Fletcher v. WeirSupreme Court of the United States · 1982

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

3Cited by27 opinions

  1. Commonwealth v. RiveraMassachusetts Supreme Judicial Court · 1997
  2. Commonwealth v. PeixotoMassachusetts Supreme Judicial Court · 2000
  3. Kibbe v. DuboisCourt of Appeals for the First Circuit · 2001
  4. Commonwealth v. SantosMassachusetts Appeals Court · 2005
  5. Commonwealth v. AndujarMassachusetts Appeals Court · 2003

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

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