Commonwealth v. Neary-French

Docket NumberSJC-12057
Decision Date15 August 2016
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5 cases
  • Commonwealth v. Dufresne
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • February 24, 2022
    ...defendants [enjoy] the right to counsel at all ‘critical stages’ of the prosecution" (citation omitted). Commonwealth v. Neary-French, 475 Mass. 167, 170, 56 N.E.3d 159 (2016). Second, the right to counsel may apply to civil proceedings under the Fourteenth Amendment or cognate provisions o......
  • Commonwealth v. Scott
    • United States
    • Appeals Court of Massachusetts
    • November 30, 2020
    ...has consistently held that the right to counsel "attaches at the time judicial proceedings are commenced." Commonwealth v. Neary-French, 475 Mass. 167, 172, 56 N.E.3d 159 (2016). See Commonwealth v. Ortiz, 422 Mass. 64, 67 n.1, 661 N.E.2d 925 (1996) ("There is no authority for the propositi......
  • Commonwealth v. Pacheco, SJC-12212
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • May 30, 2017
    ...a criminal defendant the right to counsel at all "critical" stages of a criminal prosecution. See Commonwealth v. Neary-French , 475 Mass. 167, 170-171, 56 N.E.3d 159 (2016), and cases cited. It is well established that sentencing is a critical stage at which there is a right to counsel. Se......
  • Carrasquillo v. Hampden Cnty. Dist. Courts
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 30, 2020
    ...and art. 12 provide criminal defendants the right to counsel at all ‘critical stages’ of the prosecution." Commonwealth v. Neary-French, 475 Mass. 167, 170, 56 N.E.3d 159 (2016). The determination whether an event is a " ‘critical stage’ requiring the provision of counsel depends ... upon a......
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1 books & journal articles
  • Administrative hearings
    • United States
    • James Publishing Practical Law Books Defending Drinking Drivers - Volume One
    • March 31, 2022
    ...not be revoked based upon his refusal to submit to chemical testing. A case finding no right to an attorney is Comm. v. Neary-French , 475 Mass. 167 (2016). Here the court addressed this issue in the context of whether the decision to submit to a chemical test is a critical stage at which t......