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5 Massachusetts opinions name it 2 courts 1991–2022 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. Medinagreen2 sentences2022"Second, the court must 'weigh the probative force of that evidence as against the probative force of the presumption standing alone.'" Medina, supra at 803 , quoting Yates, supra. "To conclude that the burden-shifting presumption in the instruction was harmless and did not contribute to the jury's verdict, the evidence considered by the jury in accordance with the instructions must be 'so overwhelming as to leave it beyond a reasonable doubt that the verdict resting on that evidence would have been the same in the absence of the presumption.'" Medina, supra, quoting Yates, supra at 405 . 2022"Second, the court must 'weigh the probative force of that evidence as against the probative force of the presumption standing alone.'" Medina, supra at 803 , quoting Yates, supra. "To conclude that the burden-shifting presumption in the instruction was harmless and did not contribute to the jury's verdict, the evidence considered by the jury in accordance with the instructions must be 'so overwhelming as to leave it beyond a reasonable doubt that the verdict resting on that evidence would have been the same in the absence of the presumption.'" Medina, supra, quoting Yates, supra at 405 . | 1 | 3 |
Commonwealth v. Dohertygreen1 sentence2000See Commonwealth v. Doherty, supra at 103 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Yates v. Evatt
green
2 sentences2022"Second, the court must 'weigh the probative force of that evidence as against the probative force of the presumption standing alone.'" Medina, supra at 803 , quoting Yates, supra. "To conclude that the burden-shifting presumption in the instruction was harmless and did not contribute to the jury's verdict, the evidence considered by the jury in accordance with the instructions must be 'so overwhelming as to leave it beyond a reasonable doubt that the verdict resting on that evidence would have been the same in the absence of the presumption.'" Medina, supra, quoting Yates, supra at 405 . 2022"Second, the court must 'weigh the probative force of that evidence as against the probative force of the presumption standing alone.'" Medina, supra at 803 , quoting Yates, supra. "To conclude that the burden-shifting presumption in the instruction was harmless and did not contribute to the jury's verdict, the evidence considered by the jury in accordance with the instructions must be 'so overwhelming as to leave it beyond a reasonable doubt that the verdict resting on that evidence would have been the same in the absence of the presumption.'" Medina, supra, quoting Yates, supra at 405 . | 5 | 1991–2022 |
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.