green
Positive treatment
Quoted verbatim 10×
23.1 score
G Cite
cited 4× by 2 distinct cases, last quoted 1988 ·
…on remand the representative plaintiff cannot meet the requirement that he or she be a member of the class at the time of certification.
⚠ not in text
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977
2001
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Commonwealth v. Ringador
howups of suspects to eyewitnesses of crimes have been regularly held permissible when conducted by the police promptly after the criminal event
examined
Cited as authority (quoted)
Commonwealth v. Castano
if the victim was willing to tell third persons that her relationship with the defendant had deteriorated and that she had told or would tell the defendant that their relationship would end, it is inferable that by word or action, or both, she communicated her feelings to the def…
discussed
Cited as authority (quoted)
Commonwealth v. Maldonado
if there is evidence of motive, that evidence is'admissible
discussed
Cited as authority (quoted)
Commonwealth v. Qualls
obviously, the victim's state of mind can be relevant to the defendant's motive only if there is reason to believe that the defendant knew of that state of mind
discussed
Cited as authority (quoted)
Commonwealth v. Rivera
if there is evidence of motive, that evidence is admissible
discussed
Cited as authority (quoted)
Commonwealth v. Burke
whether to grant a mistrial is largely a discretionary matter
examined
Cited as authority (quoted)
Reed ex rel. Burns v. Bowen
(2×)
on remand the representative plaintiff cannot meet the requirement that he or she be a member of the class at the time of certification.
examined
Cited as authority (quoted)
Reed v. Bowen
(2×)
on remand the representative plaintiff cannot meet the requirement that he or she be a member of the class at the time of certification.
examined
Cited as authority (quoted)
Commonwealth v. Silva
(2×)
questioning was fair, dignified, and restrained
discussed
Cited as authority (quoted)
Commonwealth v. Fazio
whether to grant a mistrial is largely a discretionary matter
cited
Cited "see"
Commonwealth v. Lys W. Vincent.
See Commonwealth v. Borodine, 371 Mass. 1, 8 (1976), cert. denied, 429 U.S. 1049 (1977).
cited
Cited "see"
Commonwealth v. Moseley
See Commonwealth v. Borodine, 371 Mass. 1, 8 (1976), cert. denied, 429 U.S. 1049 (1977).
discussed
Cited "see"
Commonwealth v. Forte
See id. at 362 , citing Commonwealth v. Barnett, 371 Mass. 87, 92 (1976), cert. denied, 429 U.S. 1049 (1977) (good reason includes “usefulness of prompt confirmation of the accuracy of investigatory information, which, if in error, will release the police quickly to follow another track”).
cited
Cited "see"
Commonwealth v. Elangwe
See Commonwealth v. Borodine, 371 Mass. 1, 6-7 (1976), cert, denied, 429 U.S. 1049 (1977).
discussed
Cited "see"
Commonwealth v. Meas
See Commonwealth v. Bowden, 379 Mass. 472, 479 (1980), quoting Commonwealth v. Barnett, 371 Mass. 87, 92 (1976), cert. denied, 429 U.S. 1049 (1977) (concluding that “[sjhowups of suspects to eyewitnesses of crimes have been regularly held permissible when conducted by the police promptly after the criminal event”).
cited
Cited "see"
Commonwealth v. Tassinari
See Commonwealth v. Borodine, 371 Mass. 1, 7-9 (1976), cert. denied, 429 U.S. 1049 (1977).
cited
Cited "see"
Commonwealth v. Carlson
See Commonwealth v. Olszewski, 416 Mass. 707, 727 (1993), cert. denied, 513 U.S. 835 (1994), citing Commonwealth v. Borodine, 371 Mass. 1, 9-10 (1976), cert. denied, 429 U.S. 1049 (1977).
cited
Cited "see"
Commonwealth v. Martin
See Commonwealth v. Barnett, 371 Mass. 87, 92 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Coy, 10 Mass. App. Ct. 367, 371 (1980).
discussed
Cited "see"
Commonwealth v. Butler
See Commonwealth v. Borodine, 371 Mass. 1, 11 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Jackson, 428 Mass. 455, 463 (1998) (references to defense counsel’s use of a “smoke screen” and “mirrors” permissible).
cited
Cited "see"
Commonwealth v. Mendes
See Commonwealth v. Borodine, 371 Mass. 1, 8-9 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Williams, 30 Mass. App. Ct. 543, 547-548 (1991).
cited
Cited "see"
Commonwealth v. Andujar
See Commonwealth v. Borodine, 371 Mass. 1, 11-12 (1976), cert. denied, 429 U.S. 1049 (1977); Com monwealth v. Burke, 373 Mass. 569, 577 (1977).
cited
Cited "see"
Commonwealth v. Martinez
See Commonwealth v. Barnett, 371 Mass. 87, 96 (1976), cert. denied, 429 U.S. 1049 (1977).
cited
Cited "see"
Commonwealth v. Fernandes
See Commonwealth v. Borodine, 371 Mass. 1, 11 (1976), cert. denied, 429 U.S. 1049 (1977).
discussed
Cited "see"
Commonwealth v. Gordon
See Commonwealth v. Borodine, 371 Mass. 1, 3-5 (1976), cert, denied, 429 U.S. 1049 (1977); Commonwealth v. Shine, 398 Mass. 641, 648-649 (1986); Commonwealth v. Smith, 35 Mass. App. Ct. 655, 657-658 (1993).
discussed
Cited "see"
Commonwealth v. Awad
See Commonwealth v. Borodine, 371 Mass. 1, 11 (1976), cert, denied, 429 U.S. 1049 (1977); Commonwealth v. Cheek, 374 Mass. 613, 618 (1978); Commonwealth v. Gonzalez, 22 Mass. App. Ct. 274, 282 (1986).
cited
Cited "see"
Commonwealth v. Vermette
See Commonwealth v. Borodine, 371 Mass. 1, 8 (1976), cert, denied, 429 U.S. 1049 (1977); Commonwealth v. Olszewski, 401 Mass. 749, 758-759 (1988).
cited
Cited "see"
Commonwealth v. Austin
See Commonwealth v. Barnett, 371 Mass. 87, 92 (1976), cert, denied, 429 U.S. 1049 (1977); Commonwealth v. Coy, 10 Mass. App. Ct. 367, 371 (1980).
cited
Cited "see"
Commonwealth v. Nardone
See Commonwealth v. Borodine, 371 Mass. 1, 8 (1976), cert, denied, 429 U.S. 1049 (1977).
discussed
Cited "see"
Commonwealth v. Gagne
See Commonwealth v. Barnett, 371 Mass. 87, 93 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Coy, 10 Mass. App. Ct. 367, 372 (1980). 4 “The [victim knew] [s]he would not be asked to make an identification unless the police had reason to suspect the detainee’s involvement.” Commonwealth v. Hicks, 17 Mass. App. Ct. at 583 .
discussed
Cited "see"
Commonwealth v. Amirault
See Commonwealth v. Borodine, 371 Mass. 1, 9 (1976), cert. denied, 429 U.S. 1049 (1977) (judge’s instructions to jury adequately protected defendant’s rights); Commonwealth v. Stone, 366 Mass. *240 506, 515 (1974) (prosecutor’s comments in closing argument about facts not in evidence were not prejudicial, particularly in view of limiting instructions). c.
cited
Cited "see"
State v. Johnson
See Commonwealth v. Borodine, 371 Mass. 1 , 353 N.E.2d 649 (1976), cert. denied, 429 U.S. 1049 , 97 S.Ct. 760 , 50 L.Ed.2d 765 (1977).
discussed
Cited "see"
Commonwealth v. Mahoney
See Commonwealth v. Barnett, 371 Mass. 87, 96 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. White, 367 Mass. 280, 284-285 (1975); Commonwealth v. Marsh, 354 Mass. 713, 720 (1968); Commonwealth v. Granito, 326 Mass. 494, 498 *532 (1950).
discussed
Cited "see"
Commonwealth v. Kozec
(2×)
also: Cited "see, e.g."
See Commonwealth v. Borodine, 371 Mass. 1, 10 (1976), cert. denied, 429 U.S. 1049 (1977). 2 See, e.g., Commonwealth v. Lamrini, 392 Mass. 427, 433-435 (1984) (no evidence of robbery as motive, improper to argue it); Commonwealth v. Hoppin, 387 Mass. 25, 28-31 (1982); Commonwealth v. Shelley, 374 Mass. 466, 470 (1978).
cited
Cited "see"
Commonwealth v. Nadworny
See Commonwealth v. Borodine, 371 Mass. 1, 8-9 (1976), cert. denied, 429 U.S. 1049 (1977).
cited
Cited "see"
Commonwealth v. Kirby
See Commonwealth v. Borodine, 371 Mass. 1, 11-12 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Cheek, 374 Mass. 613, 619 (1978).
cited
Cited "see"
Commonwealth v. Bourgeois
See Commonwealth v. Barnett, 371 Mass. 87, 96 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Richards, 363 Mass. 299, 309-310 (1973).
discussed
Cited "see"
Commonwealth v. Leavitt
(2×)
See Commonwealth v. Borodine, 371 Mass. 1, 8 , cert. denied, 429 U.S. 1049 (1976); Commonwealth v. St.
discussed
Cited "see"
Commonwealth v. Barton
See Commonwealth v. Borodine, 371 Mass. 1, 9-12 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Hoffer, 375 Mass. 369, 379 (1978); Commonwealth v. Fitzgerald, 376 Mass. 402, 419 (1978); Commonwealth v. Hawley, 380 Mass. 70, 85 (1980).
cited
Cited "see"
Commonwealth v. Kater
See Commonwealth v. Borodine, 371 Mass. 1, 11 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Valliere, 366 Mass. 479, 494 (1974).
examined
Cited "see"
Commonwealth v. Smith
(4×)
See Commonwealth v. Borodine, 371 Mass. 1, 11 (1976), cert. denied, 429 U.S. 1049 (1977).
cited
Cited "see"
Commonwealth v. Smith
See Commonwealth v. Barnett, 371 Mass. 87 , 93 n.7 (1976), cert. denied, 429 U.S. 1049 (1977). *674 The second identification followed immediately.
cited
Cited "see"
Commonwealth v. Vasquez
See Commonwealth v. Barnett, 371 Mass. 87 , 93 n.7 (1976), cert. denied, 429 U.S. 1049 (1977) (an accidental confrontation even occurring in suggestive circumstances would be admissible).
cited
Cited "see"
Commonwealth v. Harris
See Commonwealth v. Barnett, 371 Mass. 87 , 93 n.7 (1976), cert. denied, 429 U.S. 1049 (1977) (an accidental confrontation occurring even in suggestive circumstances would be admissible).
examined
Cited "see"
Houston v. State
(4×)
See Buckingham v. State, 540 S.W.2d 660, 663-664 (Tenn.Cr.App.1976) cert. denied, 429 U.S. 1049 , 97 S.Ct. 759 , 50 L.Ed.2d 764 (1977); Sheets v. Hathcock, 528 S.W.2d 47, 50 (Tenn.Cr.App.1975).” Appellant further charges that T.C.A. § 39-2404(h) violates due process in that it deprives the jury of “accurate sentencing information.” This section provides: If the jury cannot ultimately agree as to punishment, the judge shall dismiss the jury and the judge shall, impose a sentence of life imprisonment.
discussed
Cited "see"
Commonwealth v. Grammo
See Commonwealth v. Borodine, 371 Mass. 1, 11-12 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Charles, 4 Mass. App. Ct. 853, 854 (1976): We emphasize again, however, that the prosecutor has a special obligation to present a fair argument to the jury and that extemporized arguments only serve to increase the burdens on the trial judge and to provide grist for the appellate mill.
cited
Cited "see"
Commonwealth v. Napolitano
See Commonwealth v. Barnett, 371 Mass. 87, 92 (1976), cert. denied, 429 U.S. 1049 (1977) (speedy showup permissible).
cited
Cited "see"
Commonwealth v. Cepulonis
See Commonwealth v. Borodine, 371 Mass. 1, 9-12 (1976), cert. denied, 429 U.S. 1049 (1977); Commonwealth v. Charles, 4 Mass. App. Ct. 853, 854 (1976).
cited
Cited "see"
Commonwealth v. Podlaski
See Commonwealth v. Borodine, 371 Mass. 1, 4-5 (1976), cert. denied, 429 U.S. 1049 (1977); Oregon v. Mathiason, 429 U.S. 492, 495 (1977).
discussed
Cited "see"
Commonwealth v. Cox
While one to one confrontations are inherently suggestive, the hospital confrontations in this case were not unnecessarily so; see Commonwealth v. Barnett, 371 Mass. 87, 91-94 (1976), cert. denied, 429 U.S. 1049 (1977); and there was no evidence of gratuitous impropriety on the part of the police.
cited
Cited "see"
Commonwealth v. Burke
See Commonwealth v. Borodine, 371 Mass. 1, 4-5 (1976), cert. denied, 429 U.S. 1049 (1977).
Retrieving the full opinion text from the archive…
Napier
v.
Gertrude
v.
Gertrude
No. 76-5669.
Supreme Court of the United States.
Jan 10, 1977.
C. A. 10th Cir. Certiorari denied.