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5 Massachusetts opinions name it 3 courts 1993–2024 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. Ortegagreen2 sentences2024"The evidentiary threshold for a defendant seeking an instruction on self-defense is low, as it is the Commonwealth's burden to prove that the defendant did not act in proper self- defense once the issue is raised." Commonwealth v. Ortega, 480 Mass. 603, 610 (2018). 2018In determining whether the evidence warrants an instruction on self-defense, we consider the evidence, from any source, and resolve all reasonable inferences in favor of the defendant." Commonwealth v. Ortega , 480 Mass. 603 , 609-610 (2018). | 1 | 2 |
Commonwealth v. Ariasgreen1 sentence2024The issue is preserved, as the defendant requested the instruction both in writing and orally.2 See Commonwealth v. Arias, 84 Mass. App. Ct. 454, 463 (2013) ("when a judge refuses to give a requested instruction, a defendant's rights are saved without the necessity of a further objection"). | 1 | 1 |
Commonwealth v. Santosgreen2 sentences2018See Commonwealth v. Santos , 454 Mass. 770 , 773, 912 N.E.2d 985 (2009) ; Benoit , 452 Mass. at 227 , 892 N.E.2d 314 ; Pike , supra ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002). 2018See Commonwealth v. Santos , 454 Mass. 770 , 773, 912 N.E.2d 985 (2009) ; Benoit , 452 Mass. at 227 , 892 N.E.2d 314 ; Pike , supra ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002). | 1 | 1 |
Commonwealth v. Austingreen1 sentence2013A defendant seeking to challenge the use of a show-up procedure bears the burden to prove by a preponderance of the evidence that the show-up was “so unnecessarily suggestive and conducive to irreparable mistaken identification as to deny [him] due process of law.” Commonwealth v. Austin, 421 Mass. 357, 361 (1995) (emphasis added); Commonwealth v. Odware, 429 Mass. 231, 235 (1999). | 1 | 1 |
Commonwealth v. Odwaregreen1 sentence2013A defendant seeking to challenge the use of a show-up procedure bears the burden to prove by a preponderance of the evidence that the show-up was “so unnecessarily suggestive and conducive to irreparable mistaken identification as to deny [him] due process of law.” Commonwealth v. Austin, 421 Mass. 357, 361 (1995) (emphasis added); Commonwealth v. Odware, 429 Mass. 231, 235 (1999). | 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. Pike
green
2 sentences2018The evidentiary threshold for a defendant seeking an instruction on self-defense is low, as it is the Commonwealth's burden to prove that the defendant did not act in proper self-defense once the issue is raised. *682 Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998), citing Commonwealth v. Harrington , 379 Mass. 446 , 450, 399 N.E.2d 475 (1980) (defendant entitled to self-defense instruction "if any view of the evidence" would support instruction). 11 In determining whether the evidence warrants an instruction on **610 self-defense, we consider the evidence, from any source, a 2018The evidentiary threshold for a defendant seeking an instruction on self-defense is low, as it is the Commonwealth's burden to prove that the defendant did not act in proper self-defense once the issue is raised. *682 Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998), citing Commonwealth v. Harrington , 379 Mass. 446 , 450, 399 N.E.2d 475 (1980) (defendant entitled to self-defense instruction "if any view of the evidence" would support instruction). 11 In determining whether the evidence warrants an instruction on **610 self-defense, we consider the evidence, from any source, a | 1 | 2018–2018 |
Commonwealth v. Benoit
green
2 sentences2018See Commonwealth v. Santos , 454 Mass. 770 , 773, 912 N.E.2d 985 (2009) ; Benoit , 452 Mass. at 227 , 892 N.E.2d 314 ; Pike , supra ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002). 2018See Commonwealth v. Santos , 454 Mass. 770 , 773, 912 N.E.2d 985 (2009) ; Benoit , 452 Mass. at 227 , 892 N.E.2d 314 ; Pike , supra ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002). | 1 | 2018–2018 |
Commonwealth v. Toon
green
2 sentences2018See Commonwealth v. Santos , 454 Mass. 770 , 773, 912 N.E.2d 985 (2009) ; Benoit , 452 Mass. at 227 , 892 N.E.2d 314 ; Pike , supra ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002). 2018See Commonwealth v. Santos , 454 Mass. 770 , 773, 912 N.E.2d 985 (2009) ; Benoit , 452 Mass. at 227 , 892 N.E.2d 314 ; Pike , supra ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002). | 1 | 2018–2018 |
Commonwealth v. Harrington
green
2 sentences2018The evidentiary threshold for a defendant seeking an instruction on self-defense is low, as it is the Commonwealth's burden to prove that the defendant did not act in proper self-defense once the issue is raised. *682 Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998), citing Commonwealth v. Harrington , 379 Mass. 446 , 450, 399 N.E.2d 475 (1980) (defendant entitled to self-defense instruction "if any view of the evidence" would support instruction). 11 In determining whether the evidence warrants an instruction on **610 self-defense, we consider the evidence, from any source, a 2018The evidentiary threshold for a defendant seeking an instruction on self-defense is low, as it is the Commonwealth's burden to prove that the defendant did not act in proper self-defense once the issue is raised. *682 Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998), citing Commonwealth v. Harrington , 379 Mass. 446 , 450, 399 N.E.2d 475 (1980) (defendant entitled to self-defense instruction "if any view of the evidence" would support instruction). 11 In determining whether the evidence warrants an instruction on **610 self-defense, we consider the evidence, from any source, a | 1 | 2018–2018 |
Franks v. Delaware
green
1 sentence1993Id. at 171 . | 1 | 1993–1993 |
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.