Hoeffner v. United States (2011)
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· 47 citation events
across 9 courts.
Showing the 15 strongest citers on record
(one row per citing case, strongest signal kept).
Treatment trajectory · 2011 → 2026 · click a year to view the case as of then
201120182026
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In the Matter of J.P. (2020)
Commonwealth v. Goddard, 476 Mass. 443, 448 (2017), quoting Commonwealth v. Barbosa, 457 Mass. 773, 785 (2010), cert. denied, 563 U.S. 990 (2011) ("experts are prohibited 'during [their] direct examination[s] from informing the jury about the facts or data [they] considered that were not in evidence but that would be admissible with the right witness or proper foundation'"). 11 b.
"experts are prohibited 'during [their] direct examination[s] from informing the jury about the facts or data [they] considered that were not in evidence but that would be admissible with the right witness or proper foundation'"
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Commonwealth v. Piantedosi (2017)
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.
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Clark v. City of Shawnee (2017)
The court does not consider this level of means-end scrutiny to be an open question, as the Tenth Circuit’s holding is clear and indistinguishable from this case and is consistent with its precedent, United States v. Reese, 627 F.3d 792, 802 (10th Cir. 2010), cert. denied, 563 U.S. 990 , 131 S.Ct. 2476 , 179 L.Ed.2d 1214 (2011), and with that of other circuits, see, e.g., Tyler v. Hillsdale County Sheriff's Dept., 837 F.3d 678, 692-93 (6th Cir. 2016)(“Many of our sister circ…
“Many of our sister circuits have also held that intermediate scrutiny is applicable.”
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Commonwealth v. William Hidalgo. (2024)
See Commonwealth v. Barbosa, 457 Mass. 773, 783 (2010), cert. denied, 563 U.S. 990 (2011); Mass. G.
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Commonwealth v. Honsch (2024)
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").
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Commonwealth v. Bateman (2023)
See Commonwealth v. Barbosa, 457 Mass. 773, 801 (2010), cert. denied, 563 U.S. 990 (2011).
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Abdulky v. Lubin & Meyer, P.C. (2023)
See Commonwealth v. Barbosa, 457 Mass. 773, 783 (2010), cert. denied, 563 U.S. 990 (2011).
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Commonwealth v. Ronchi (2023)
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-ex…
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
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Commonwealth v. Hinds (2021)
See, e.g., Canavan's Case, 432 Mass. at Barbosa, 457 Mass. 773, 783 (2010), cert. denied, 563 U.S. 990 (2011).
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Commonwealth v. Reyes (2019)
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").
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Commonwealth v. Holbrook (2019)
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).
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Commonwealth v. Adams (2019)
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 dis…
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Commonwealth v. Williams (2016)
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).
listing foundational requirements for admission of expert testimony in criminal case
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Commonwealth v. Cole (2015)
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).
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
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Commonwealth v. Chappell (2015)
See Commonwealth v. Barbosa, 457 Mass. 773, 784-785, 790 (2010), cert. denied, 563 U.S. 990 (2011).