green
Positive treatment
Quoted verbatim 5×
10.3 score
G Cite
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979
2002
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited "but see"
People v. Fleming
But see People v. Kagan (1979), 101 Misc. 2d 274 , 420 N.Y.S. 2d 987 (where the court adopted the reasoning of Wheeler, but found that in the case before it it was not shown that the prosecutor was systematically excluding members of the Jewish faith from the jury), and Commonwealth v. Soares (1979), __ Mass. __, 387 N.E.2d 499 , cert. denied (1979), 444 U.S. 881 , 62 L.
examined
Cited as authority (quoted)
Commonwealth v. Amaral
the theory underlying joint enterprise is that one who aids, commands, counsels, or encourages commission of a crime while sharing with the principal the mental state required for the crime is guilty as a principal
examined
Cited as authority (quoted)
Commonwealth v. Williams
(2×)
also: Cited "see"
no human being is wholly free of the interests and preferences which are the product of his cultural, family, and community experience. nowhere is the dynamic commingling of the ideas and biases of such individuals more essential than inside the jury room
discussed
Cited as authority (quoted)
State v. Freeney
in all future trials instructions on the significance of flight should not be given
discussed
Cited as authority (quoted)
John v. Crestwood Local School District
we conclude that implementation of congressional policy requires the awarding of attorney's fees for time spent pursuing attorney's fees....
discussed
Cited as authority (quoted)
State v. Nefstad
significance of flight should be left to argument
discussed
Cited "see"
Commonwealth v. Ortega
See Commonwealth v. Robertson , 480 Mass. 383 , 397, 105 N.E.3d 253 (2018). 8 The Commonwealth argues that, at the time of the prosecutor's peremptory challenge to strike juror no. 78, two of the six seated jurors "were women of color." We have previously noted that "[t]he test in Soares and Batson does not apply to challenges to members of all minority ethnic or racial groups lumped together, but instead applies to challenges to 'particular, defined groupings in the community.' " Prunty , 462 Mass. at 307 n.17, 968 N.E.2d 361 , quoting Commonwealth v. Soares , 377 Mass. 461 , 486, 387 N.E.2d …
discussed
Cited "see"
Mayer v. Executive Telecard, Ltd.
See Weisenberger v. Huecker, 593 F.2d 49, 53-54 (6th Cir.1979), cert. denied, 444 U.S. 880 . 100 S.Ct. 170 . 62 L.Ed.2d 110 (1979) (finding fees for fees included under the Civil Rights Attorney’s Fees Awards Act of 1976 because ”[w]hen Congress passed the Act its basic purpose was to encourage the private prosecution of civil rights suits through the transfer of the costs of litigation to those who infringe upon basic civil rights”); Pitchford Scientific Instruments Corp. v. Pepi, Inc., 440 F.Supp. 1175 (W.D.Pa.1977), aff'd, 582 F.2d 1275 (3d Cir.1978), ce rt. denied, 440 U.S. 981 , 99 …
cited
Cited "see"
State v. Caldwell
See State v. Stilling, 285 Or. 293, 300-01 , 590 P.2d 1223 , cert. den. 444 U.S. 880 , 100 S.Ct. 169 , 62 L.Ed.2d 110 (1979).
discussed
Cited "see"
Commonwealth v. Story
See Commonwealth v. Soares, 377 Mass. 461 , 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979); People v. Wheeler, 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 (1978).
examined
Cited "see"
Commonwealth v. Futch
(4×)
See Commonwealth v. Soares, -Mass. -, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S. Ct. 170 , 62 L.Ed.2d 110 (1979); People v. Wheeler, 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 (1978). 6 See also State v. Crespin, 94 N.M. 486 , 612 P.2d 716 (1980); see generally Mallott v. State, 608 P.2d 737 (Alaska 1980).
cited
Cited "see"
Fed. Sec. L. Rep. P 97,545 Ohio Drill & Tool Company, Cross-Appellants v. Fred H. Johnson, Cross-Appellees
See Monroe v. County Board of Education, 583 F.2d 263, 265 (6th Cir. 1978), Weisenberger v. Huecker, 593 F.2d 49 (6th Cir.), cert. denied, 444 U.S. 880 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979).
discussed
Cited "see, e.g."
Michael Roman v. Robert Abrams, Attorney General of the State of New York, Harold Schreiber v. Dominick R. Salamack, Superintendent of Edgecombe Correctional Facility
For example, at least one intermediate appellate court of another state, though it would later be reversed, had recently upheld a similar Sixth Amendment argument when Schreiber filed his March 1983 brief in the Appellate Division, see People v. Payne, 106 Ill.App.3d 1034 , 62 Ill.Dec. 744 , 436 N.E.2d 1046 (1982), rev'd, 99 Ill.2d 135 , 75 Ill.Dec. 643 , 457 N.E.2d 1202 (Dec. 1, 1983), and the highest courts of two other states had relied on federal constitutional cases in ruling that the prosecutor's discriminatory use of peremptories violated state constitutional provisions aiming at jury c…
discussed
Cited "see, e.g."
Roman v. Abrams
For example, at least one intermediate appellate court of another state, though it would later be reversed, had recently upheld a similar Sixth Amendment argument when Schreiber filed his March 1983 brief in the Appellate Division, see People v. Payne, 106 Ill.App.3d 1034 , 62 Ill.Dec. 744 , 436 N.E.2d 1046 (1982), rev’d, 99 Ill.2d 135 , 75 Ill.Dec. 643 , 457 N.E.2d 1202 (Dec. 1, 1983), and the highest courts of two other states had relied on federal constitutional cases in ruling that the prosecutor’s discriminatory use of peremptories violated state constitutional provisions aiming at ju…
discussed
Cited "see, e.g."
Koenig v. State
See also Commonwealth v. Soares, 377 Mass. 461 , 483 n. 24, 387 N.E.2d 499 , 513 n. 24, cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (peremptory challenge is "one of the most important of the rights secured to the accused").
discussed
Cited "see, e.g."
United Handicapped Federation v. Andre
Separate School Dist., 395 F.Supp. 304, 306-08 (N.D.Miss.), aff'd, 519 F.2d 1087 (1975); see also Weisenberger v. Huecker, 593 F.2d 49 , 50-53 (6th Cir.), cert. denied, 444 U.S. 880 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979); King v. Greenblatt, 560 F.2d 1024 , 1025-26 n. 2 (1st Cir. 1977), cert. denied, 438 U.S. 916 , 98 S.Ct. 3146 , 57 L.Ed.2d 1161 (1978); Martinez Rodriguez v. Jimenez, 551 F.2d 877, 878-79 (1st Cir. 1977); Lytle v. Commissioners of Election, 541 F.2d 421, 424-25 (4th Cir. 1976), cert. denied, 438 U.S. 904 , 98 S.Ct. 3122 , 57 L.Ed.2d 1147 (1978); Hartmann v. Gaffney, 446 F.Sup…
discussed
Cited "see, e.g."
United Handicapped Federation v. Andre
Separate School Dist., 395 F.Supp. 304, 306-08 (N.D.Miss.), aff’d, 519 F.2d 1087 (1975); see also Weisenberger v. Huecker, 593 F.2d 49 , 50-53 (6th Cir.), cert. denied, 444 U.S. 880 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979); King v. Greenblatt, 560 F.2d 1024 , 1025-26 n. 2 (1st Cir. 1977), cert. denied, 438 U.S. 916 , 98 S.Ct. 3146 , 57 L.Ed.2d 1161 (1978); Martinez Rodriguez v. Jimenez, 551 F.2d 877, 878-79 (1st Cir. 1977); Lytle v. Commissioners of Election, 541 F.2d 421, 424-25 (4th Cir. 1976), cert. denied, 438 U.S. 904 , 98 S.Ct. 3122 , 57 L.Ed.2d 1147 (1978); Hartmann v. Gaffney, 446 F.S…
Retrieving the full opinion text from the archive…
Kentucky
v.
Simpson
v.
Simpson
No. 78-1676.
Supreme Court of the United States.
Oct 1, 1979.
Ct. App. Ky. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.