Opinion
No. 93-P-1761.
March 3, 1995.
Judgment affirmed.
From Casetext: Smarter Legal Research
Commonwealth v. Kibbe
Appeals Court of Massachusetts
Mar 3, 1995
646 N.E.2d 1097 (Mass. App. Ct. 1995)
Summaries of
Commonwealth v. Kibbe
Appeals Court of Massachusetts
Mar 3, 1995
646 N.E.2d 1097 (Mass. App. Ct. 1995)
affirming judgment only
Summary of this case from Kibbe v. DuboisIn Kibbe, the Appeals Court relied on its earlier decision in Commonwealth v. McClary, which purported to follow Anderson v. Charles. 33 Mass. App. Ct. 678, 685, 604 N.E.2d 706, 710 (Mass.App.Ct. 1992).
Summary of this case from Kibbe v. DuboisIn Kibbe, the Appeals Court relied on its earlier decision inCommonwealth v. McClary, which purported to follow Anderson v. Charles. 33 Mass. App. Ct. 678, 685, 604 N.E.2d 706, 710 (Mass. App. Ct. 1992). That reliance is misplaced: The McClary case appears, at the very least, to have diluted the inconsistency requirement of Charles.
Summary of this case from Kibbe v. DuboisIn Kibbe, the state court overlooked the fact that the record did not show that police had questioned Kibbe regarding his flight, nor did the court analyze whether Kibbe asserted his Miranda rights with respect to his parole status.
Summary of this case from Kibbe v. DuboisIn Kibbe, the state court overlooked the fact that the record did not show that police had questioned Kibbe regarding his flight, nor did the court analyze whether Kibbe asserted his Miranda rights with respect to his parole status.
Summary of this case from Kibbe v. DuboisCase details for
Commonwealth v. Kibbe
Case Details
Full title:COMMONWEALTH vs. MARK A. KIBBE
Court:Appeals Court of Massachusetts
Date published: Mar 3, 1995
Citations
646 N.E.2d 1097 (Mass. App. Ct. 1995)
38 Mass. App. Ct. 1111
Citing Cases
Kibbe v. Dubois
The state court sentenced him to a prison term of five to ten years to begin after Kibbe completes a…
Kibbe v. DuboisAfter Kibbe's jury trial and conviction, the case proceeded to the Appeals Court for the Commonwealth of…