Commonwealth v. McClary
Massachusetts Appeals Court
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
- Franks v. DelawareSupreme Court of the United States · 1978
- Doyle v. OhioSupreme Court of the United States · 1976
- Jenkins v. AndersonSupreme Court of the United States · 1980
- Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
- Fletcher v. WeirSupreme Court of the United States · 1982
15 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Commonwealth v. RiveraMassachusetts Supreme Judicial Court · 1997
- Commonwealth v. PeixotoMassachusetts Supreme Judicial Court · 2000
- Kibbe v. DuboisCourt of Appeals for the First Circuit · 2001
- Commonwealth v. SantosMassachusetts Appeals Court · 2005
- Commonwealth v. AndujarMassachusetts Appeals Court · 2003
22 more not listed; retrieve them via the Exa API.