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5 Massachusetts opinions name it 3 courts 1984–2019 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Breesegreen2 sentences1994See generally id. 1987When a decision announces a new rule, however, the issue arises whether it will be applied only prospectively.” To be applied only prospectively, a decision must “establish a new principle of law, either by overruling clear past precedent on which litigants may have relied . . . or by deciding an issue of first impression whose resolution was not clearly foreshadowed . . . .” Id. at 542 , quoting Chevron Oil Co. v. Huson, 404 U.S. 97, 106 (1971). | 1 | 3 |
Commonwealth v. Sandsgreen2 sentences2019Arguably, the rule announced in Gerhardt constitutes the application of familiar and settled law governing expert opinion, see Commonwealth v. Sands , 424 Mass. 184 , 185, 675 N.E.2d 370 (1997) ("the touchstone of admissibility is reliability"), and is therefore an "old" rule to be applied retroactively. 2019Arguably, the rule announced in Gerhardt constitutes the application of familiar and settled law governing expert opinion, see Commonwealth v. Sands , 424 Mass. 184 , 185, 675 N.E.2d 370 (1997) ("the touchstone of admissibility is reliability"), and is therefore an "old" rule to be applied retroactively. | 1 | 1 |
Chevron Oil Co. v. Husonred1 sentence1987When a decision announces a new rule, however, the issue arises whether it will be applied only prospectively.” To be applied only prospectively, a decision must “establish a new principle of law, either by overruling clear past precedent on which litigants may have relied . . . or by deciding an issue of first impression whose resolution was not clearly foreshadowed . . . .” Id. at 542 , quoting Chevron Oil Co. v. Huson, 404 U.S. 97, 106 (1971). | 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. Tavares
green
1 sentence1984Commonwealth v. Tavares, supra, announced a new rule concerning the applicability of the humane practice to admissions. | 1 | 1984–1984 |
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.