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7 Massachusetts opinions name it 3 courts 1978–2023 1 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 |
|---|---|---|
Custody of a Minorgreen1 sentence2007Guardianship of Roe, supra, citing Custody of a Minor (No. 1), 377 Mass. 876, 885 (1979). | 1 | 1 |
Victor v. Nebraskagreen1 sentence1996Victor v. Nebraska, 114 S.Ct. 1239, 1243 (1994). | 1 | 1 |
Commonwealth v. Mahnkegreen1 sentence1981See Commonwealth v. Garcia, supra at p. 42, Commonwealth v. Mahnke, 368 Mass. 662, 680 (1975). | 1 | 1 |
Commonwealth v. Thomasgreen1 sentence1978L. c. 119, § 56; see Commonwealth v. Thomas, 359 Mass. 386 (1971). 6 Thus see, as to notification of right to counsel, Marsden v. Commonwealth, 352 Mass. 564 (1967) (decided shortly after Gault); as to a beyond-a-reasonable-doubt standard for juvenile adjudications, St. 1969, c. 838, § 15, amending G. | 1 | 1 |
Marsden v. Commonwealthgreen1 sentence1978L. c. 119, § 56; see Commonwealth v. Thomas, 359 Mass. 386 (1971). 6 Thus see, as to notification of right to counsel, Marsden v. Commonwealth, 352 Mass. 564 (1967) (decided shortly after Gault); as to a beyond-a-reasonable-doubt standard for juvenile adjudications, St. 1969, c. 838, § 15, amending G. | 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. Alvarez
green
2 sentences2023In Commonwealth v. Lester, 486 Mass. 239 (2020), for example, the Supreme Judicial Court found no error in a prosecutor's closing argument that discussed the beyond a reasonable doubt standard, in which the prosecutor noted that it was "not proof beyond all doubt," and that it was incapable of being "measure[d]." Id. at 250 & n.26. 2023In Commonwealth v. Lester, 486 Mass. 239 (2020), for example, the Supreme Judicial Court found no error in a prosecutor's closing argument that discussed the beyond a reasonable doubt standard, in which the prosecutor noted that it was "not proof beyond all doubt," and that it was incapable of being "measure[d]." Id. at 250 & n.26. | 1 | 2023–2023 |
Guardianship of Roe
green
1 sentence2007Guardianship of Roe, supra, citing Custody of a Minor (No. 1), 377 Mass. 876, 885 (1979). | 1 | 2007–2007 |
Thompson v. Commonwealth
green
1 sentence2007In this instance, the judge employed the standard as the best means of conserving government resources, citing one of the interests we described in Thompson, supra. 9 This use fits neither with the traditional instances of proof beyond a reasonable doubt nor with the history of the statute in question. 10 Indeed, given that the applicant in a § 9 (b) proceeding bears the eviden tiary burden in seeking his own transfer or discharge, the use of the beyond a reasonable doubt standard here would be in significant tension with the values for which it is normally employed. | 1 | 2007–2007 |
Jackson v. Virginia
red
1 sentence2000In other words, “the traditional understanding in our system” is “that the application of the beyond-a-reasonable-doubt standard to the evidence is not irretrievably committed to jury discretion.” Jackson v. Vir ginia, 443 U.S. 307 , 317 n.10 (1979). | 1 | 2000–2000 |
Commonwealth v. Webster
green
1 sentence1996Much of the modern jurisprudence of the beyond a reasonable doubt standard stems from Commonwealth v. Webster, supra, which itself rested on the common law of the Commonwealth. | 1 | 1996–1996 |
A Juvenile
green
1 sentence1978L. c. 119, § 58 (enacted after Gault , but anticipating Winship); and as to proceedings for issuance of an adult complaint, the sequence of A Juvenile, petitioner, 364 Mass. 531 (1974); Breed v. Jones, 421 U.S. 519 (1975); St. 1975, c. 840, § 1, amending G. | 1 | 1978–1978 |
Breed v. Jones
green
1 sentence1978L. c. 119, § 58 (enacted after Gault , but anticipating Winship); and as to proceedings for issuance of an adult complaint, the sequence of A Juvenile, petitioner, 364 Mass. 531 (1974); Breed v. Jones, 421 U.S. 519 (1975); St. 1975, c. 840, § 1, amending G. | 1 | 1978–1978 |
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.