case is indistinguishable principle (Massachusetts) · Go Syfert
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case is indistinguishable principle in Massachusetts

5 Massachusetts opinions name it 3 courts 1913–1994 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.

Followed or applied (8)

CaseFollowedCited
Commonwealth v. Walter R.green
mass · 1993 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994Guaba therefore applies, at the very least, to all cases like this one in which no final judgment has entered and in which the search occurred after the decision in Rutowski See generally, e.g., Commonwealth v. Walter R., 414 Mass. 714, 719 (1992); Commonwealth v. Breese, 389 Mass. 540, 541 (1983). 8 Turning to substance, I am of the opinion that this case is indistinguishable in principle from Guaba .

11
Commonwealth v. Breesegreen
mass · 1983 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994Guaba therefore applies, at the very least, to all cases like this one in which no final judgment has entered and in which the search occurred after the decision in Rutowski See generally, e.g., Commonwealth v. Walter R., 414 Mass. 714, 719 (1992); Commonwealth v. Breese, 389 Mass. 540, 541 (1983). 8 Turning to substance, I am of the opinion that this case is indistinguishable in principle from Guaba .

11
Commonwealth v. Dinnallgreen
mass · 1974 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986See, e.g., Commonwealth v. Thomas, 358 Mass. 771, 773-774 (1971) (cellar of apartment building to which all tenants had access); Commonwealth v. Dinnall, 366 Mass. 165, 166-167 (1974) (unlocked common hallway in apartment building); Sullivan v. District Court of Hampshire, 384 Mass. at 741-742 (canteen open to all hospital employees); Commonwealth v. Podgurski, 386 Mass. at 388 (observation through window of van from parking lot behind store would have been lawful); Commonwealth v. Frazer, 10 Mass. App. Ct. 429, 431-432 (1980) (alleyway between apartment buildings); Commonwealth v. Myers, 16 M

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Commonwealth v. Frazergreen
massappct · 1980 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986See, e.g., Commonwealth v. Thomas, 358 Mass. 771, 773-774 (1971) (cellar of apartment building to which all tenants had access); Commonwealth v. Dinnall, 366 Mass. 165, 166-167 (1974) (unlocked common hallway in apartment building); Sullivan v. District Court of Hampshire, 384 Mass. at 741-742 (canteen open to all hospital employees); Commonwealth v. Podgurski, 386 Mass. at 388 (observation through window of van from parking lot behind store would have been lawful); Commonwealth v. Frazer, 10 Mass. App. Ct. 429, 431-432 (1980) (alleyway between apartment buildings); Commonwealth v. Myers, 16 M

11
Commonwealth v. Thomasgreen
mass · 1971 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986See, e.g., Commonwealth v. Thomas, 358 Mass. 771, 773-774 (1971) (cellar of apartment building to which all tenants had access); Commonwealth v. Dinnall, 366 Mass. 165, 166-167 (1974) (unlocked common hallway in apartment building); Sullivan v. District Court of Hampshire, 384 Mass. at 741-742 (canteen open to all hospital employees); Commonwealth v. Podgurski, 386 Mass. at 388 (observation through window of van from parking lot behind store would have been lawful); Commonwealth v. Frazer, 10 Mass. App. Ct. 429, 431-432 (1980) (alleyway between apartment buildings); Commonwealth v. Myers, 16 M

11
Sullivan v. District Court of Hampshiregreen
mass · 1981 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986See, e.g., Commonwealth v. Thomas, 358 Mass. 771, 773-774 (1971) (cellar of apartment building to which all tenants had access); Commonwealth v. Dinnall, 366 Mass. 165, 166-167 (1974) (unlocked common hallway in apartment building); Sullivan v. District Court of Hampshire, 384 Mass. at 741-742 (canteen open to all hospital employees); Commonwealth v. Podgurski, 386 Mass. at 388 (observation through window of van from parking lot behind store would have been lawful); Commonwealth v. Frazer, 10 Mass. App. Ct. 429, 431-432 (1980) (alleyway between apartment buildings); Commonwealth v. Myers, 16 M

11
Commonwealth v. Podgurskigreen
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986See, e.g., Commonwealth v. Thomas, 358 Mass. 771, 773-774 (1971) (cellar of apartment building to which all tenants had access); Commonwealth v. Dinnall, 366 Mass. 165, 166-167 (1974) (unlocked common hallway in apartment building); Sullivan v. District Court of Hampshire, 384 Mass. at 741-742 (canteen open to all hospital employees); Commonwealth v. Podgurski, 386 Mass. at 388 (observation through window of van from parking lot behind store would have been lawful); Commonwealth v. Frazer, 10 Mass. App. Ct. 429, 431-432 (1980) (alleyway between apartment buildings); Commonwealth v. Myers, 16 M

11
Commonwealth v. Myersgreen
massappct · 1983 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986See, e.g., Commonwealth v. Thomas, 358 Mass. 771, 773-774 (1971) (cellar of apartment building to which all tenants had access); Commonwealth v. Dinnall, 366 Mass. 165, 166-167 (1974) (unlocked common hallway in apartment building); Sullivan v. District Court of Hampshire, 384 Mass. at 741-742 (canteen open to all hospital employees); Commonwealth v. Podgurski, 386 Mass. at 388 (observation through window of van from parking lot behind store would have been lawful); Commonwealth v. Frazer, 10 Mass. App. Ct. 429, 431-432 (1980) (alleyway between apartment buildings); Commonwealth v. Myers, 16 M

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Buckley v. Railway Express Agency, Inc. green
mass · 1948
1 sentence

1976Agency, 323 Mass. 448 (1948), an intersection collision case in which a finding for the plaintiff was overturned on appeal.

11976–1976
Societe de Bienfaisance St. Jean Baptiste de Millbury v. Worcester County Institution for Savings neutral
· 1917
1 sentence

1926Jean Baptiste Societe v. Worcester County Institution for Savings, 228 Mass. 556 , and is governed by it.

11926–1926
Greves v. Shaw green
mass · 1899
1 sentence

1913Greves v. Shaw, 173 Mass. 205 .

11913–1913

Where else courts name it

MA 5 (1913–1994) PA 2 (1940–1987) NJ 2 (1968–1977)

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.

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