Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
5 Massachusetts opinions name it 1 courts 2002–2020 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. Christiangreen2 sentences2011See Commonwealth v. Christian, 430 Mass. 552, 557 (2000). 18 “An instruction on felony-murder in the second degree is required . . . when there *307 is a rational basis in the evidence to warrant the instruction.” Id. at 558 . 2011See Commonwealth v. Christian, 430 Mass. 552, 557 (2000). 18 “An instruction on felony-murder in the second degree is required . . . when there *307 is a rational basis in the evidence to warrant the instruction.” Id. at 558 . | 2 | 3 |
Commonwealth v. Pauldinggreen1 sentence2011See Commonwealth v. Paulding, 438 Mass. 1 , 10 n.4 (2002) (“Of course, if the evidence supports a verdict of felony-murder in the second degree within the charge of felony-murder in the first degree, that form of murder in the second degree would have to be explained to the jury”). 19 *308 “A conviction of felony-murder in the second degree requires the jury to find that (1) the defendant committed or attempted to commit a felony with a maximum sentence of less than imprisonment for life, (2) a killing occurred during the commission or attempted commission of that felony, and (3) the felony wa | 1 | 1 |
Commonwealth v. Fiondagreen1 sentence2008See Commonwealth v. Fionda, 33 Mass. App. Ct. 316, 321, 323 (1992) (finding evidence sufficient to warrant same model instruction, and calling it not an “incorrect statement of the law,” without considering challenge to its wording). | 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. Benitez
green
1 sentence2020To prove the crime of armed robbery in a joint venture, the Commonwealth must prove that the defendant or a coventurer, or both, "(1) was or were armed with a dangerous weapon; (2) either applied actual force or violence to the body of the person identified in the indictment, or by words or gestures put him in fear; (3) took the money or the property of another; and (4) did so with the intent (or sharing the intent) to steal it." Benitez, 464 Mass. at 690 . | 1 | 2020–2020 |
Commonwealth v. Bell
green
1 sentence2017Rather, an instruction on felony-murder in the second degree is necessary "when there is a rational basis in 35 the evidence to warrant the instruction. " Bell, 460 Mass. at 306-307 , quoting Christian, 440 Mass. at 558 . | 1 | 2017–2017 |
Commonwealth v. Matias
green
1 sentence2017Rather, an instruction on felony-murder in the second degree is necessary "when there is a rational basis in 35 the evidence to warrant the instruction. " Bell, 460 Mass. at 306-307 , quoting Christian, 440 Mass. at 558 . | 1 | 2017–2017 |
Commonwealth v. Moran
green
1 sentence2008While it is true that in Commonwealth v. Moran, 439 Mass. 482 , 490 & n.4 (2003), we found no error in the use of the same model jury instruction at issue here, in that case we considered only the sufficiency of the evidence to warrant an instruction on intoxication and incapacity to consent, and not the language of the instruction itself. | 1 | 2008–2008 |
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.