green
Positive treatment
Quoted verbatim 2×
21.9 score
G Cite
cited 4× by 1 distinct case ·
“Many of our sister circuits have also held that intermediate scrutiny is applicable.”
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011
2018
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
In the Matter of J.P.
experts are prohibited 'during direct examination from informing the jury about the facts or data considered that were not in evidence but that would be admissible with the right witness or proper foundation
discussed
Cited as authority (quoted)
Clark v. City of Shawnee
many of our sister circuits have also held that intermediate scrutiny is applicable.
discussed
Cited as authority (rule)
Commonwealth v. Piantedosi
Prior to our decision in Department of Youth Servs., we followed the traditional rule that an expert's opinion had to be "based on either the expert's direct personal knowledge, on evidence already in the record or which the parties represent will be presented during the course of the trial, or on a combination of these sources." Commonwealth v. Barbosa, 457 Mass. 773, 784 (2010), cert. denied, 563 U.S. 990 13 (2011), quoting LaClair v. Silberline Mfg.
cited
Cited "see"
Commonwealth v. William Hidalgo.
See Commonwealth v. Barbosa, 457 Mass. 773, 783 (2010), cert. denied, 563 U.S. 990 (2011); Mass. G.
discussed
Cited "see"
Commonwealth v. Honsch
See Commonwealth v. Barbosa, 457 Mass. 773, 803 (2010), cert. denied, 563 U.S. 990 (2011), quoting Commonwealth v. DeSouza, 428 Mass. 667, 670 (1999) ("This court has almost never ruled that it was error to admit photographs of crime scenes and homicide victims").
cited
Cited "see"
Commonwealth v. Bateman
See Commonwealth v. Barbosa, 457 Mass. 773, 801 (2010), cert. denied, 563 U.S. 990 (2011).
cited
Cited "see"
Abdulky v. Lubin & Meyer, P.C.
See Commonwealth v. Barbosa, 457 Mass. 773, 783 (2010), cert. denied, 563 U.S. 990 (2011).
discussed
Cited "see"
Commonwealth v. Ronchi
See Commonwealth v. Barbosa, 457 Mass. 773, 784-785 (2010), cert. denied, 563 U.S. 990 (2011) (expert was prohibited from informing jury during direct examination about facts and data that were not in evidence, but such testimony would have been admissible with proper witness or with foundation that expert considered in forming opinion); Department of Youth Servs., 398 Mass. at 532 ("thrust of [our] rule is to leave inquiry regarding the basis of expert testimony to cross-examination"). 30 The defendant objects to the judge's ruling that precluded Deters from testifying on direct examination t…
cited
Cited "see"
Commonwealth v. Holbrook
See Commonwealth v. Barbosa , 457 Mass. 773 , 784, 933 N.E.2d 93 (2010), cert. denied, 563 U.S. 990 , 131 S.Ct. 2441 , 179 L.Ed.2d 1214 (2011).
cited
Cited "see"
Commonwealth v. Chappell
See Commonwealth v. Barbosa, 457 Mass. 773, 784-785, 790 (2010), cert. denied, 563 U.S. 990 (2011).
cited
Cited "see, e.g."
Commonwealth v. Hinds
See, e.g., Canavan's Case, 432 Mass. at Barbosa, 457 Mass. 773, 783 (2010), cert. denied, 563 U.S. 990 (2011).
discussed
Cited "see, e.g."
Commonwealth v. Reyes
See also Commonwealth v. Barbosa , 457 Mass. 773 , 803, 933 N.E.2d 93 (2010), cert. denied, 563 U.S. 990 , 131 S.Ct. 2441 , 179 L.Ed.2d 1214 (2011), quoting Commonwealth v. DeSouza , 428 Mass. 667 , 670, 704 N.E.2d 190 (1999) ("This court has almost never ruled that it was error to admit photographs of crime scenes and homicide victims").
discussed
Cited "see, e.g."
Commonwealth v. Adams
See also United States v. Reese , 627 F.3d 792 , 800-805 (10th Cir. 2010), cert. denied, 563 U.S. 990 , 131 S.Ct. 2476 , 179 L.Ed.2d 1214 (2011) (applying intermediate scrutiny and upholding statute that precludes those subject to abuse prevention order from having firearms); United States v. Skoien , 614 F.3d 638 , 641-645 (7th Cir. 2010), cert. denied, 562 U.S. 1303 , 131 S.Ct. 1674 , 179 L.Ed.2d 645 (2011) (noting Court's holding in Heller "means that some categorical disqualifications are permissible: Congress is not limited to case-by-case exclusions of persons who have been shown to be u…
discussed
Cited "see, e.g."
Commonwealth v. Williams
See also Commonwealth v. Barbosa, 457 Mass. 773, 783 (2010), cert. denied, 563 U.S. 990 (2011) (listing foundational requirements for admission of expert testimony in criminal case).
discussed
Cited "see, e.g."
Commonwealth v. Cole
See also Commonwealth v. Barbosa, 457 Mass. 773, 783 (2010), cert. denied, 563 U.S. 990 (2011) (where defendant fails to file pretrial motion to challenge absence of foundational requirements for ex *329 pert testimony, such testimony may be admitted in evidence).
Retrieving the full opinion text from the archive…
Warren Todd Hoeffner, aka Todd Hoeffner
v.
United States
v.
United States
No. 10-1215.
Supreme Court of the United States.
May 16, 2011.
179 L. Ed. 2d 1212
Published
Citer courts: D. Kansas (1) · Massachusetts Supreme Judicial… (1)
Petition for writ of cer-tiorari to the United States Court of Appeals for the Fifth Circuit denied.
[*1213] Same case below, 626 F.3d 857.