5 Massachusetts opinions name it 1 courts 1999–2018 0 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Penagreen1 sentence2015See Pena, supra at 19 . | 1 | 1 |
Carter v. Kentuckygreen2 sentences2015“No judge can prevent jurors from speculating about why a defendant stands mute in the face of a criminal accusation, but a judge can, and must, if requested to do so, use the unique power of the jury instruction to reduce that speculation to a minimum.” Carter, 450 U.S. at 303 . 2. 2015Carter v. Kentucky, 450 U.S. 288, 305 (1981). | 1 | 1 |
Commonwealth v. Andersongreen1 sentence1999He contends that no basis for the adverse inference instruction existed because he had a “plausible reason for non-production of the witness,” Commonwealth v. Anderson, 411 Mass. 279, 282-283 (1991), namely that James’s testimony would have merely been cumulative of his grandmother’s and Lyons’s and therefore unimportant. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Keene v. Brigham & Women's Hospital, Inc.
green
1 sentence2018Furthermore, the judge did address one element of spoliation-whether the nonspoliating party was prejudiced by the loss or destruction of evidence, see Keene v. Brigham & Women's Hosp., Inc ., 439 Mass. 223 , 235 (2003) -and determined that Katin failed to demonstrate prejudice. | 1 | 2018–2018 |
Commonwealth v. Botelho
green
1 sentence2018Likewise, in Botelho , supra at 853 , the prejudice created by the judge's failure to provide the jury with a "no adverse inference" instruction was aggravated by the prosecutor's statements during closing arguments that "served to focus the jury's attention on the defendant's failure to testify." Here, no other error "exacerbated the prejudice attendant to the judge's failure to give the adverse inference instruction." Ibid . | 1 | 2018–2018 |
Arch Medical Associates, Inc. v. Bartlett Health Enterprises, Inc.
green
1 sentence2017Assocs . v. Bartlett Health Enterprises, Inc . 32 Mass. App. Ct. 404 , 406 (1992). | 1 | 2017–2017 |
Commonwealth v. Johnson
green
2 sentences2015Conversely, the absence of an adverse inference instruction also failed to “neutralize[ ] any prejudice produced by the prosecutor’s” statement or “mitigate[ ] any suggestion of burden shifting that may have arisen.” Johnson, supra at 114 . 2015Conversely, the absence of an adverse inference instruction also failed to “neutralize[ ] any prejudice produced by the prosecutor’s” statement or “mitigate[ ] any suggestion of burden shifting that may have arisen.” Johnson, supra at 114 . | 1 | 2015–2015 |
Commonwealth v. Gilchrist
green
2 sentences2015For example, in Gilchrist, supra at 218 , the judge instructed the jury that “[t]he Defendant does not have to testify.” The Supreme Judicial Court concluded that the instruction —• absent here —■ adequately “minimized] the danger the jury [would] draw an adverse inference from the defendant’s decision not to testify.” Id. at 219 . 2015For example, in Gilchrist, supra at 218 , the judge instructed the jury that “[t]he Defendant does not have to testify.” The Supreme Judicial Court concluded that the instruction —• absent here —■ adequately “minimized] the danger the jury [would] draw an adverse inference from the defendant’s decision not to testify.” Id. at 219 . | 1 | 2015–2015 |
Commonwealth v. SCHATVEN
green
1 sentence1999Compare Commonwealth v. Richardson , 429 Mass, at 184-185; Commonwealth v. Schatvet, 23 Mass. App. Ct. at 134-136 . | 1 | 1999–1999 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.