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5 Massachusetts opinions name it 2 courts 1995–2025 2 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. Greniergreen2 sentences2024In Commonwealth v. Grenier, 45 Mass. App. Ct. 58, 61 (1998), we held that the defendant's statement that "he could not do the one-legged stand test" was inadmissible refusal evidence. 2006In hearing the defendant’s refusal, the jury could have drawn a negative inference, making it “the equivalent of [the] statement, 1 have had so much to drink that I know or at least suspect that I am unable to pass the test.’ ” Commonwealth v. Grenier, 45 Mass. App. Ct. at 61 , quoting from Opinion of the Justices, 412 Mass. at 1209 . | 1 | 2 |
Commonwealth v. Sandsgreen1 sentence2025This is because ordinary field sobriety tests "measure a person's sense of balance, coordination, and acuity of mind in Specifically, defense counsel asked, "And is there data or 1 . . . anything that you know of that indicates the accuracy of using the alphabet test to --" and "Officer, if you know do you know . . . what the rate of accuracy is . . . for [the one-leg stand] test to determine if somebody is under the influence?" The Commonwealth objected before defense counsel could finish asking the first question about the alphabet test. 5 understanding and following simple instructions," an | 1 | 1 |
Commonwealth v. Mercadogreen1 sentence2025See Mercado, 456 Mass. at 204 (no abuse of discretion in limiting use of photographs in cross-examination where defense counsel thoroughly cross-examined witness on point in question); Commonwealth v. Avalos, 454 Mass. 1, 8 (2009), quoting Commonwealth v. LaVelle, 414 Mass. 146, 154 (1993) (no abuse of discretion in sustaining objections to two questions on cross- examination "because the issue was 'sufficiently aired'"). 3. | 1 | 1 |
Commonwealth v. Avalosgreen1 sentence2025See Mercado, 456 Mass. at 204 (no abuse of discretion in limiting use of photographs in cross-examination where defense counsel thoroughly cross-examined witness on point in question); Commonwealth v. Avalos, 454 Mass. 1, 8 (2009), quoting Commonwealth v. LaVelle, 414 Mass. 146, 154 (1993) (no abuse of discretion in sustaining objections to two questions on cross- examination "because the issue was 'sufficiently aired'"). 3. | 1 | 1 |
Commonwealth v. LaVellegreen1 sentence2025See Mercado, 456 Mass. at 204 (no abuse of discretion in limiting use of photographs in cross-examination where defense counsel thoroughly cross-examined witness on point in question); Commonwealth v. Avalos, 454 Mass. 1, 8 (2009), quoting Commonwealth v. LaVelle, 414 Mass. 146, 154 (1993) (no abuse of discretion in sustaining objections to two questions on cross- examination "because the issue was 'sufficiently aired'"). 3. | 1 | 1 |
Vanhouton v. Commonwealthgreen1 sentence2003See Vanhouton v. Commonwealth, 424 Mass. at 335-336 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Ranieri
green
1 sentence2024In Commonwealth v. Ranieri, 65 Mass. App. Ct. 366 , 370 n.1, 372-373 (2006), we concluded that refusal evidence was improperly admitted at trial where the defendant said "no" when asked to perform the alphabet test even though he subsequently attempted the test. | 1 | 2024–2024 |
Opinion of the Justices to the Senate
green
1 sentence2006In hearing the defendant’s refusal, the jury could have drawn a negative inference, making it “the equivalent of [the] statement, 1 have had so much to drink that I know or at least suspect that I am unable to pass the test.’ ” Commonwealth v. Grenier, 45 Mass. App. Ct. at 61 , quoting from Opinion of the Justices, 412 Mass. at 1209 . | 1 | 2006–2006 |
Pennsylvania v. Muniz
green
1 sentence1995Like the sixth-birthday question in Pennsylvania v. Muniz, supra, the alphabet test here required a testimonial response. 18 Like Muniz’s truthful answer that he could not correctly state what the date of his sixth birthday was, Van Houtin’s truthfully incorrect recitation of the alphabet supported an inference that his mental faculties were impaired. | 1 | 1995–1995 |
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.