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COMMONWEALTH v. HINCKLEY

422 Mass. 261 (1996)

COMMONWEALTH vs. NILES L. HINCKLEY.

Supreme Judicial Court of Massachusetts, Barnstable.

March 12, 1996.

Attorney(s) appearing for the Case

Steven M. Bloom for the defendant.

Julia K. Holler, Assistant District Attorney (Linda Wagner, Assistant District Attorney, with her) for the Commonwealth.

Present: LIACOS, C.J., WILKINS, LYNCH, O'CONNOR, & FRIED, JJ.

FRIED, J.

The defendant refused to turn over his sneakers to the Commonwealth in the course of a criminal investigation. Evidence of this refusal was admitted at his trial. We now decide in accordance with our prior decisions that the admission of this refusal evidence violated the defendant's State constitutional privilege against self-incrimination and that his failure to object to the admission at trial does not preclude...

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