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5 Massachusetts opinions name it 2 courts 1986–2018 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. Smithgreen1 sentence2018See Commonwealth v. Smith , 427 Mass. 245 , 258 (1998). 6 Even if the request was manifestly unreasonable, nothing in the record indisputably demonstrates that it prejudiced the defendant's case. | 1 | 1 |
Commonwealth v. Berrygreen1 sentence2010See Commonwealth v. Berry, 431 Mass. 326, 336-338 (2000). | 1 | 1 |
Commonwealth v. Browngreen2 sentences1987L. c. 265, § 1, providing that “[t]he degree of murder shall be found by the jury,” requires that the judge give an instruction on murder in the second degree “even though it could be argued that the evidence would support only one of two verdicts: either not guilty or guilty of murder in the first degree.” Our opinion in Dickerson clearly foreshadowed Commonwealth v. Brown, 392 Mass. 632, 645 (1984), a case in which we again interpreted the language of G. 1987L. c. 265, § 1, as requiring a “trial judge to instruct on murder in the first and second degrees if there is evidence of murder in the first degree, even though there appears to be no hypothesis in the evidence to support a verdict of murder in the second degree.” Commonwealth v. Brown, supra at 645 . | 1 | 1 |
Commonwealth v. Rodriguezgreen1 sentence1986We shall have occasion to refer to the prosecutor’s closing argument. 8 Defendant’s counsel had seasonably requested that the judge give an instruction on the lines of the standard instruction set out in Commonwealth v. Rodriguez, 378 Mass. 296, 301-302, 310-311 (1979), with respect to the identification of the defendant by Trooper Walsh as the person from whom he had twice bought heroin. | 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. Toney
green
1 sentence1997The second assumption has also been criticized in that feelings of guilt may be present without actual guilt in neurotic, as well as so-called normal people. “[Y]ou are not to convict the defendant on the basis of flight or concealment alone, or consciousness of guilt, but you may, but need not, consider such evidence as one of the factors tending to prove the guilt of the defendant.” At the close of the charge, defense counsel objected and requested that the judge give an instruction pursuant to Commonwealth v. Toney, 385 Mass. 575 , 584 n.3 (1982). | 1 | 1997–1997 |
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.