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5 Massachusetts opinions name it 2 courts 1983–2025 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 |
|---|---|---|
Commonwealth v. McIntyregreen2 sentences2025In Commonwealth v. McIntyre, 36 Mass. App. Ct. 193, 200 (1994), a police officer failed to inform the defendant about his right to examination by an independent physician because the officer incorrectly believed "that the police were not required to allow him to have a blood alcohol content test because he had refused to take the breathalyzer test." The defendant, however, was an attorney, and requested a blood test. 2025Id. | 1 | 1 |
Commonwealth v. Nealgreen1 sentence1991Rather, this case is more like Commonwealth v. Neal, 392 Mass. 1, 8 (1984), where a defendant’s statutory right to an independent blood alcohol content test satisfied the requirements of due process, even though the defendant did not avail himself of that right. | 1 | 1 |
People v. Clairmontgreen1 sentence1985See People v. Clairmont, 13 Mich. App. 577 (1968) (no reversible error where officer volunteered that he asked defendant if he would submit to a blood test); State v. Gillis, 160 Me. 126 (1964) (no abuse of discretion in denying motion for mistrial where police officer improperly testified that he informed defendant of his “rights,” including a blood alcohol content test). | 1 | 1 |
People v. Culpgreen1 sentence1983See People v. Culp, 189 Colo. 76, 78-79 (1975); State v. Reyna, 92 Idaho 669, 674 (1968); Kettering v. Baker, 42 Ohio St. 2d 351, 354 (1975). | 1 | 1 |
State v. Reynagreen1 sentence1983See People v. Culp, 189 Colo. 76, 78-79 (1975); State v. Reyna, 92 Idaho 669, 674 (1968); Kettering v. Baker, 42 Ohio St. 2d 351, 354 (1975). | 1 | 1 |
City of Kettering v. Bakergreen1 sentence1983See People v. Culp, 189 Colo. 76, 78-79 (1975); State v. Reyna, 92 Idaho 669, 674 (1968); Kettering v. Baker, 42 Ohio St. 2d 351, 354 (1975). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Dumont
green
1 sentence2007Contrast State v. Ladwig, 434 N.W.2d 594 (S.D. 1989) (retrograde extrapolation testimony necessary to convict defendant of per se violation); State v. Dumont, 146 Vt. 252 (1985) (in prosecution for driving while under influence of alcohol, results of a blood alcohol content test admissible only with “relation back” testimony establishing defendant’s blood alcohol content at time of actual operation). | 1 | 2007–2007 |
State v. Ladwig
green
1 sentence2007Contrast State v. Ladwig, 434 N.W.2d 594 (S.D. 1989) (retrograde extrapolation testimony necessary to convict defendant of per se violation); State v. Dumont, 146 Vt. 252 (1985) (in prosecution for driving while under influence of alcohol, results of a blood alcohol content test admissible only with “relation back” testimony establishing defendant’s blood alcohol content at time of actual operation). | 1 | 2007–2007 |
State v. Gillis
neutral
1 sentence1985See People v. Clairmont, 13 Mich. App. 577 (1968) (no reversible error where officer volunteered that he asked defendant if he would submit to a blood test); State v. Gillis, 160 Me. 126 (1964) (no abuse of discretion in denying motion for mistrial where police officer improperly testified that he informed defendant of his “rights,” including a blood alcohol content test). | 1 | 1985–1985 |
Commonwealth v. Tessier
green
1 sentence1983L. c. 263, § 5A. *878 Commonwealth v. Tessier, 371 Mass. 828 (1977), and Commonwealth v. Possehl, 355 Mass. 575 (1969), relied on by the defendant, are inapposite. | 1 | 1983–1983 |
Commonwealth v. Possehl
green
1 sentence1983L. c. 263, § 5A. *878 Commonwealth v. Tessier, 371 Mass. 828 (1977), and Commonwealth v. Possehl, 355 Mass. 575 (1969), relied on by the defendant, are inapposite. | 1 | 1983–1983 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.