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5 Massachusetts opinions name it 2 courts 2005–2024 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. Toongreen2 sentences2019Drawing reasonable inferences in the defendant's favor, see Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998) ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002), and taking the defendant's *1230 testimony as true, the evidence supported a finding that the defendant's actions against the complainant consisted solely of nondeadly force, i.e., holding and pushing her away, rather than choking her as she had claimed. 2 "Where nondeadly force is used, a defendant is entitled to a self-defense instruction if the evidence, viewed in the light most favorable to 2005See Commonwealth v. Berry, 431 Mass. 326 , 335-336 & n.11 (2000); Commonwealth v. Nunes, 430 Mass. 1, 5 (1999); Commonwealth v. Pike, supra at 398 ; Commonwealth v. Young, 56 Mass. App. Ct. 60, 66 (2002); Commonwealth v. Toon, supra. Contrary to the defendant’s claim, the nondeadly force standard is used only where nondeadly force is used. | 1 | 3 |
Commonwealth v. Noblegreen1 sentence2024The defendant asserts that the trial judge's nondeadly force instruction was deficient because it did not include the following language from Commonwealth v. Noble, 429 Mass. 44, 46 (1999), which the defendant had requested at trial: "Nondeadly force, such as the force of one's fists, hands, and arms, is considered to be nondeadly even if a death results." Here, the judge instructed the jury using the model jury instructions for deadly and nondeadly force, stating: "Deadly force is force intended to or likely to cause death or serious bodily harm. | 1 | 1 |
Commonwealth v. Oberlegreen2 sentences2019See Commonwealth v. Oberle , 476 Mass. 539 , 548 n.5, 69 N.E.3d 993 (2017). 2019See Commonwealth v. Oberle , 476 Mass. 539 , 548 n.5, 69 N.E.3d 993 (2017). | 1 | 1 |
Commonwealth v. Nunesgreen1 sentence2005See Commonwealth v. Berry, 431 Mass. 326 , 335-336 & n.11 (2000); Commonwealth v. Nunes, 430 Mass. 1, 5 (1999); Commonwealth v. Pike, supra at 398 ; Commonwealth v. Young, 56 Mass. App. Ct. 60, 66 (2002); Commonwealth v. Toon, supra. Contrary to the defendant’s claim, the nondeadly force standard is used only where nondeadly force is used. | 1 | 1 |
Commonwealth v. Berrygreen1 sentence2005See Commonwealth v. Berry, 431 Mass. 326 , 335-336 & n.11 (2000); Commonwealth v. Nunes, 430 Mass. 1, 5 (1999); Commonwealth v. Pike, supra at 398 ; Commonwealth v. Young, 56 Mass. App. Ct. 60, 66 (2002); Commonwealth v. Toon, supra. Contrary to the defendant’s claim, the nondeadly force standard is used only where nondeadly force is used. | 1 | 1 |
Commonwealth v. Younggreen1 sentence2005See Commonwealth v. Berry, 431 Mass. 326 , 335-336 & n.11 (2000); Commonwealth v. Nunes, 430 Mass. 1, 5 (1999); Commonwealth v. Pike, supra at 398 ; Commonwealth v. Young, 56 Mass. App. Ct. 60, 66 (2002); Commonwealth v. Toon, supra. Contrary to the defendant’s claim, the nondeadly force standard is used only where nondeadly force is used. | 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 sentences2019Drawing reasonable inferences in the defendant's favor, see Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998) ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002), and taking the defendant's *1230 testimony as true, the evidence supported a finding that the defendant's actions against the complainant consisted solely of nondeadly force, i.e., holding and pushing her away, rather than choking her as she had claimed. 2 "Where nondeadly force is used, a defendant is entitled to a self-defense instruction if the evidence, viewed in the light most favorable to 2005See Commonwealth v. Berry, 431 Mass. 326 , 335-336 & n.11 (2000); Commonwealth v. Nunes, 430 Mass. 1, 5 (1999); Commonwealth v. Pike, supra at 398 ; Commonwealth v. Young, 56 Mass. App. Ct. 60, 66 (2002); Commonwealth v. Toon, supra. Contrary to the defendant’s claim, the nondeadly force standard is used only where nondeadly force is used. | 2 | 2005–2019 |
Commonwealth v. Pring-Wilson
green
2 sentences2019The Commonwealth acknowledges that "[v]iewing the evidence in the light most favorable to the defendant, his use of force did not involve a dangerous weapon and was not intended or likely to cause death." See Commonwealth v. Pring-Wilson , 448 Mass. 718 , 734, 863 N.E.2d 936 (2007) (accepting defendant's version of events). 3 We can conceive of no tactical reason for trial counsel's failure to object to the omission of a nondeadly force instruction. 4 This is not a case where the conduct might be excused or justified, such as, for example, a touching that might occur during medical examination 2019The Commonwealth acknowledges that "[v]iewing the evidence in the light most favorable to the defendant, his use of force did not involve a dangerous weapon and was not intended or likely to cause death." See Commonwealth v. Pring-Wilson , 448 Mass. 718 , 734, 863 N.E.2d 936 (2007) (accepting defendant's version of events). 3 We can conceive of no tactical reason for trial counsel's failure to object to the omission of a nondeadly force instruction. 4 This is not a case where the conduct might be excused or justified, such as, for example, a touching that might occur during medical examination | 1 | 2019–2019 |
Commonwealth v. King
green
2 sentences2019Drawing reasonable inferences in the defendant's favor, see Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998) ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002), and taking the defendant's *1230 testimony as true, the evidence supported a finding that the defendant's actions against the complainant consisted solely of nondeadly force, i.e., holding and pushing her away, rather than choking her as she had claimed. 2 "Where nondeadly force is used, a defendant is entitled to a self-defense instruction if the evidence, viewed in the light most favorable to 2019Drawing reasonable inferences in the defendant's favor, see Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998) ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002), and taking the defendant's *1230 testimony as true, the evidence supported a finding that the defendant's actions against the complainant consisted solely of nondeadly force, i.e., holding and pushing her away, rather than choking her as she had claimed. 2 "Where nondeadly force is used, a defendant is entitled to a self-defense instruction if the evidence, viewed in the light most favorable to | 1 | 2019–2019 |
Commonwealth v. Franchino
green
2 sentences2019Drawing reasonable inferences in the defendant's favor, see Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998) ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002), and taking the defendant's *1230 testimony as true, the evidence supported a finding that the defendant's actions against the complainant consisted solely of nondeadly force, i.e., holding and pushing her away, rather than choking her as she had claimed. 2 "Where nondeadly force is used, a defendant is entitled to a self-defense instruction if the evidence, viewed in the light most favorable to 2019Drawing reasonable inferences in the defendant's favor, see Commonwealth v. Pike , 428 Mass. 393 , 395, 701 N.E.2d 951 (1998) ; Commonwealth v. Toon , 55 Mass. App. Ct. 642 , 645, 773 N.E.2d 993 (2002), and taking the defendant's *1230 testimony as true, the evidence supported a finding that the defendant's actions against the complainant consisted solely of nondeadly force, i.e., holding and pushing her away, rather than choking her as she had claimed. 2 "Where nondeadly force is used, a defendant is entitled to a self-defense instruction if the evidence, viewed in the light most favorable to | 1 | 2019–2019 |
Commonwealth v. Vives
green
1 sentence2018See ibr.US_Case_Law.Schema.Case_Body:v1">id . at 398-399 (though defendant was standing between high-speed traffic and guardrail, evidence did not show inability to retreat where he "did not testify ... that he reengaged because it was impossible for him to avoid further combat without incurring serious injury"); Commonwealth v. Vives , 447 Mass. 537 , 543-544 (2006), overruled in part on other grounds by Commonwealth v. Liebenow , 470 Mass. 151 (2014) (defendant had means to retreat where he was in stairwell of own apartment building); Commonwealth v. Alves , 50 Mass. App. Ct. 796 , 809 (2001 | 1 | 2018–2018 |
Commonwealth v. Walker
green
1 sentence2018The standards for self-defense using deadly force and nondeadly force are "mutually exclusive." Commonwealth v. Walker , 443 Mass. 213 , 217 (2005). | 1 | 2018–2018 |
Commonwealth v. Shea
green
1 sentence2018Because the defendant did not object to the omission of a nondeadly force instruction, our review is limited to whether the absence of such an instruction was an error that "created a substantial risk of a miscarriage of justice." Commonwealth v. Shea , 467 Mass. 788 , 796 (2014). | 1 | 2018–2018 |
Commonwealth v. Alves
green
1 sentence2018See ibr.US_Case_Law.Schema.Case_Body:v1">id . at 398-399 (though defendant was standing between high-speed traffic and guardrail, evidence did not show inability to retreat where he "did not testify ... that he reengaged because it was impossible for him to avoid further combat without incurring serious injury"); Commonwealth v. Vives , 447 Mass. 537 , 543-544 (2006), overruled in part on other grounds by Commonwealth v. Liebenow , 470 Mass. 151 (2014) (defendant had means to retreat where he was in stairwell of own apartment building); Commonwealth v. Alves , 50 Mass. App. Ct. 796 , 809 (2001 | 1 | 2018–2018 |
Commonwealth v. Liebenow
green
1 sentence2018See ibr.US_Case_Law.Schema.Case_Body:v1">id . at 398-399 (though defendant was standing between high-speed traffic and guardrail, evidence did not show inability to retreat where he "did not testify ... that he reengaged because it was impossible for him to avoid further combat without incurring serious injury"); Commonwealth v. Vives , 447 Mass. 537 , 543-544 (2006), overruled in part on other grounds by Commonwealth v. Liebenow , 470 Mass. 151 (2014) (defendant had means to retreat where he was in stairwell of own apartment building); Commonwealth v. Alves , 50 Mass. App. Ct. 796 , 809 (2001 | 1 | 2018–2018 |