claim of structural error (Massachusetts) · Go Syfert
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claim of structural error in Massachusetts

5 Massachusetts opinions name it 2 courts 2010–2024 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.

Followed or applied (8)

CaseFollowedCited
Commonwealth v. Hamptongreen
mass · 2010 · cited in 2 Massachusetts opinions naming this issue, 2016–2019
2 sentences

2019If the defendant is able to show such bias, the error is structural and he need not show that the verdicts were thereby affected." Commonwealth v. Hampton, 457 Mass. 152, 163 (2010).

2016“On a claim of structural error alleging that a jury were not impartial because a particular juror was biased, the defendant must show actual or implied juror bias.” Commonwealth v. Hampton, 457 Mass. 152, 163 (2010).

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024See Strickland, 466 U.S. at 691-692 ; Commonwealth v. Saferian, 366 Mass. 89, 96 (1974).

11
Commonwealth v. Saferiangreen
mass · 1974 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024See Strickland, 466 U.S. at 691-692 ; Commonwealth v. Saferian, 366 Mass. 89, 96 (1974).

11
Commonwealth v. Jacksongreen
mass · 2015 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023Robinson, supra at 150, citing Commonwealth v. Jackson, 471 Mass. 262, 268 (2015), cert. denied, 577 U.S. 1145 (2016).

11
Commonwealth v. Perezgreen
mass · 2011 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016In deciding whether a juror is actually biased, “it is sufficient for the judge to ‘determine whether jurors [can] set aside their own opinions, [properly] weigh the evidence^] . . . and follow the instructions of the judge.’ ” Andrade, 468 Mass. at 547-548 , quoting Commonwealth v. Perez, 460 Mass. 683, 688-689 (2011).

11
Smith v. Phillipsgreen
scotus · 1982 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010See Smith v. Phillips, 455 U.S. 209, 215-217 (1982); Commonwealth v. Laguer, 410 Mass. 89, 99 (1991); Commonwealth v. Amirault, 399 Mass. 617, 625-626 (1987).

11
Commonwealth v. Laguergreen
mass · 1991 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010See Smith v. Phillips, 455 U.S. 209, 215-217 (1982); Commonwealth v. Laguer, 410 Mass. 89, 99 (1991); Commonwealth v. Amirault, 399 Mass. 617, 625-626 (1987).

11
Commonwealth v. Amiraultgreen
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010See Smith v. Phillips, 455 U.S. 209, 215-217 (1982); Commonwealth v. Laguer, 410 Mass. 89, 99 (1991); Commonwealth v. Amirault, 399 Mass. 617, 625-626 (1987).

11

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 (2)

CaseCitedYears
Dale Tippins v. Hans Walker, Superintendent, Auburn Correctional Facility green
ca2 · 1996
1 sentence

2024Although less frequent or shorter periods of unconsciousness at trial may support a claim of structural error, mere momentary lapses in attention or consciousness are insufficient.12 See Tippins, 77 11In Tippins, the court's analysis also included that counsel slept during critical testimony of a codefendant and at least one witness and that, on at least one occasion, the trial judge stopped the trial to instruct counsel "not to sleep any further, [and] that he should be paying attention." Tippins, 77 F.3d at 687 . 12Such claims still may be brought under the traditional ineffective assistance

12024–2024
Commonwealth v. Andrade green
mass · 2014
1 sentence

2016In deciding whether a juror is actually biased, “it is sufficient for the judge to ‘determine whether jurors [can] set aside their own opinions, [properly] weigh the evidence^] . . . and follow the instructions of the judge.’ ” Andrade, 468 Mass. at 547-548 , quoting Commonwealth v. Perez, 460 Mass. 683, 688-689 (2011).

12016–2016

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (3)

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.

Where else courts name it

CA 5 (2020–2024) MA 5 (2010–2024) IA 4 (2017–2025) OH 3 (2019–2025) CT 2 (2008–2014) IN 2 (2012–2017) NC 2 (2004–2004) ND 2 (2022–2023)

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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