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34 Massachusetts opinions name it 3 courts 1947–2023 2 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. Washingtongreen2 sentences2018See id. 2012See id. at 489 . | 2 | 2 |
Commonwealth v. Morangreen2 sentences1985See Commonwealth v. Appleby, supra at 368 (refusal “to sign a waiver form is not conclusive of a lack of waiver”); Commonwealth v. Cavanaugh, 371 Mass. 46, 54 (1976); Commonwealth v. Moran, 17 Mass. App. Ct. 200, 207 (1983). 1985See Commonwealth v. Appleby, supra at 368 (refusal "to sign a waiver form is not conclusive of a lack of waiver"); Commonwealth v. Cavanaugh, 371 Mass. 46, 54 (1976); Commonwealth v. Moran, 17 Mass. App. Ct. 200, 207 (1983). | 2 | 2 |
Commonwealth v. Applebygreen2 sentences1985See Commonwealth v. Appleby, supra at 368 (refusal “to sign a waiver form is not conclusive of a lack of waiver”); Commonwealth v. Cavanaugh, 371 Mass. 46, 54 (1976); Commonwealth v. Moran, 17 Mass. App. Ct. 200, 207 (1983). 1985See Commonwealth v. Appleby, supra at 368 (refusal "to sign a waiver form is not conclusive of a lack of waiver"); Commonwealth v. Cavanaugh, 371 Mass. 46, 54 (1976); Commonwealth v. Moran, 17 Mass. App. Ct. 200, 207 (1983). | 2 | 2 |
Commonwealth v. Pamplonagreen2 sentences2023Rule 3:10, § 3, because the judge made no written findings and did not certify that the defendant executed the form in her presence, this "is not conclusive of a lack of waiver." Pamplona, 58 Mass. App. Ct. at 243 . 2010Rule 3:10, as amended, 416 Mass. 1306 (1993), is not conclusive of a lack of waiver.” Commonwealth v. Pamplona, 58 Mass. App. Ct. 239, 242-243 (2003). | 1 | 2 |
Commonwealth v. Freemangreen2 sentences2009See Commonwealth v. Freeman, 352 Mass. 556, 564 (1967). 1973In view of the defendant’s admission on the stand that he had received payments totaling $295, the lack of such an instruction in the charge, albeit on a salient point, did not raise “a substantial risk of a miscarriage of justice” (Commonwealth v. Freeman, 352 Mass. 556, 564 ) so as to impel us to reverse. | 1 | 2 |
Commonwealth v. Guntergreen2 sentences2023See id. at 119 ; Gunter, supra at 274. ii. 2023See Phap Buth, 480 Mass. at 120 , citing Gunter, 427 Mass. at 274 . c. | 1 | 1 |
Commonwealth v. Phap Buthgreen2 sentences2023See id. at 119 ; Gunter, supra at 274. ii. 2023See Phap Buth, 480 Mass. at 120 , citing Gunter, 427 Mass. at 274 . c. | 1 | 1 |
Commonwealth v. Robertsgreen1 sentence2020Although the instructions do not track with precision the Criminal Model Jury Instructions for Use in the District Court (2009) (model instructions), they provided an "adequate and clear instruction[] on the applicable law," Commonwealth v. Roberts, 378 Mass. 116, 130 (1979), S.C., 423 Mass. 17 (1996), and neither the model instructions nor the supplemental instructions contain language about the piling of inferences. | 1 | 1 |
Commonwealth v. Richardsongreen2 sentences2019See Commonwealth v. Richardson , 479 Mass. 344 , 354-355, 94 N.E.3d 819 (2018). 2. 2019See Commonwealth v. Richardson , 479 Mass. 344 , 354-355, 94 N.E.3d 819 (2018). 2. | 1 | 1 |
Commonwealth v. Braungreen1 sentence2015See id. at 645-646 ; Commonwealth v. Braun, 74 Mass. App. Ct. 904, 905-906 (2009). | 1 | 1 |
cluster 468096green1 sentence2015See Laaperi v. Sears, Roebuck & Co., 787 F.2d 726, 729 (1st Cir. 1986) (“the failure to warn of hazards associated with foreseeable uses of a product is itself negligence, and if that negligence proximately results in a plaintiff’s injuries, the plaintiff may recover”; applying Massachusetts law); Jones v. Walter Kidde Portable Equip., 16 F. Supp. 2d 123, 125 (D. | 1 | 1 |
Jones v. Walter Kidde Portable Equipment, Inc.green1 sentence2015See Laaperi v. Sears, Roebuck & Co., 787 F.2d 726, 729 (1st Cir. 1986) (“the failure to warn of hazards associated with foreseeable uses of a product is itself negligence, and if that negligence proximately results in a plaintiff’s injuries, the plaintiff may recover”; applying Massachusetts law); Jones v. Walter Kidde Portable Equip., 16 F. Supp. 2d 123, 125 (D. | 1 | 1 |
Commonwealth v. McGheegreen1 sentence2015See id. at 645-646 ; Commonwealth v. Braun, 74 Mass. App. Ct. 904, 905-906 (2009). | 1 | 1 |
Commonwealth v. Jacksongreen1 sentence2015See *347 Commonwealth v. Jackson, 471 Mass. 262, 268-269 (2015) (finding procedural waiver despite fact that neither defendant nor defense counsel had been aware of closure). | 1 | 1 |
Commonwealth v. Alebordgreen1 sentence2014In so ruling, she relied on Commonwealth v. Alebord, 80 Mass. App. Ct. 432, 438-439 (2011) (Commonwealth must establish defendant knowingly waived right; silence not sufficient to establish knowing waiver). 7 Regardless of the lack of waiver, the judge concluded that the defendant’s Sixth Amendment rights were not violated because the closure was de minimis. | 1 | 1 |
Commonwealth v. Bollinggreen1 sentence2013Cf. Commonwealth v. Bolling, 462 Mass. 440, 452 (2012) (lack of instruction on element of case relieved Commonwealth of burden of proof and created substantial risk of miscarriage of justice). | 1 | 1 |
Commonwealth v. Yeshulasgreen1 sentence2013Given that prior to the hearing on restitution, the juvenile’s counsel remarked that Blanchette’s home sustained more damage than Sergal’s house, and the lack of a requirement that the victim himself must document his loss, see Commonwealth v. Yeshulas, 51 Mass. App. Ct. 486, 492-493 (2001), we cannot say the judge abused his discretion in relying on an estimate for the similar type of damage. | 1 | 1 |
Commonwealth v. Lapagegreen1 sentence2012When considering a failure to instruct on self-defense, a substantial risk of a miscarriage of justice occurs when the defendant was deprived of his primary argument of defense, Franchino, supra at 376 , citing Commonwealth v. Lapage, 435 Mass. 480, 487-488 (2001), or where the lack of the instruction relieved the Commonwealth of its full burden of proof. | 1 | 1 |
Commonwealth v. Leonardigreen1 sentence2010In such circumstances, however, there must be “sufficient other evidence in the record to demonstrate that the waiver was voluntary and intelligent.” Commonwealth v. Leonardi, 76 Mass. App. Ct. 271, 277 (2010). | 1 | 1 |
| Commonwealth v. Amiraultgreen | 1 | 1 |
| Commonwealth v. Piercegreen | 1 | 1 |
| Commonwealth v. MacKenziegreen | 1 | 1 |
| Griffin v. General Motors Corp.green | 1 | 1 |
| Commonwealth v. Owensgreen | 1 | 1 |
| Commonwealth v. Gregorygreen | 1 | 1 |
| Commonwealth v. Thomasgreen | 1 | 1 |
| Commonwealth v. Cavanaughgreen | 1 | 1 |
| Commonwealth v. Beneficial Finance Companygreen | 1 | 1 |
| DaGraca v. Feistgreen | 1 | 1 |
| Robinson v. Trustees of the New York, New Haven & Hartford Railroadgreen | 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. Roberts
green
1 sentence2020Although the instructions do not track with precision the Criminal Model Jury Instructions for Use in the District Court (2009) (model instructions), they provided an "adequate and clear instruction[] on the applicable law," Commonwealth v. Roberts, 378 Mass. 116, 130 (1979), S.C., 423 Mass. 17 (1996), and neither the model instructions nor the supplemental instructions contain language about the piling of inferences. | 1 | 2020–2020 |
Commonwealth v. Alphas
green
2 sentences2017Id. 2017Id. | 1 | 2017–2017 |
Commonwealth v. McGee
green
1 sentence2017Id. 45 was low. | 1 | 2017–2017 |
Commonwealth v. Ruddock
green
1 sentence2015Where there has been an error in a trial resulting in a conviction of murder in the first degree, “a new trial is called for unless we are substantially confident that, if the error had not been made, the jury verdict would have been the same.” Figueroa, 468 Mass. at 229 , quoting Commonwealth v. Ruddock, 428 Mass. 288 , 292 *442 n.3 (1998). | 1 | 2015–2015 |
Commonwealth v. Figueroa
green
1 sentence2015Where there has been an error in a trial resulting in a conviction of murder in the first degree, “a new trial is called for unless we are substantially confident that, if the error had not been made, the jury verdict would have been the same.” Figueroa, 468 Mass. at 229 , quoting Commonwealth v. Ruddock, 428 Mass. 288 , 292 *442 n.3 (1998). | 1 | 2015–2015 |
Commonwealth v. Johnson
green
1 sentence2013The lack of instruction regarding the use of excessive force in defense of another left the jury with “no correct understanding” of mitigation, Commonwealth v. Johnson, supra, with the result that the jury were “given the option of considering that a murder ha[d] been committed.” Commonwealth v. Santos , 454 Mass, at 776. | 1 | 2013–2013 |
Commonwealth v. Franchino
green
1 sentence2012When considering a failure to instruct on self-defense, a substantial risk of a miscarriage of justice occurs when the defendant was deprived of his primary argument of defense, Franchino, supra at 376 , citing Commonwealth v. Lapage, 435 Mass. 480, 487-488 (2001), or where the lack of the instruction relieved the Commonwealth of its full burden of proof. | 1 | 2012–2012 |
Commonwealth v. Galvin
green
1 sentence2012Galvin, supra at 702 . | 1 | 2012–2012 |
Commonwealth v. Howze
green
1 sentence2009In Commonwealth v. Howze, supra, a case involving facts remarkably similar to the case at hand, we addressed a similar lack of instruction. | 1 | 2009–2009 |
Commonwealth v. Urban
green
1 sentence2008We agree with the Appeals Court’s disposition of these additional claims, see Commonwealth v. Urban, 67 Mass. App. Ct. 301 , 301 n.2 (2006), and we do not discuss them further. | 1 | 2008–2008 |
Commonwealth v. Prater
green
1 sentence2004Commonwealth v. Prater, supra, was decided after the trial of this case, and left open the question whether failure to instruct the jury that they may not consider evidence of the accomplice’s guilty plea as evidence against the defendant constitutes error. | 1 | 2004–2004 |
| State v. Pineau green | 1 | 1992–1992 |
| Hill v. State green | 1 | 1992–1992 |
| State v. Willis green | 1 | 1992–1992 |
| Commonwealth v. Satterfield green | 1 | 1990–1990 |
| Commonwealth v. McDonald green | 1 | 1973–1973 |
| Lonergan v. American Railway Express Co. green | 1 | 1947–1947 |
| Commonwealth v. Dascalakis green | 1 | 1947–1947 |
| Low Supply Co. v. Pappacostopoulous green | 1 | 1947–1947 |
| Commonwealth v. McKnight green | 1 | 1947–1947 |
| Belkus v. Murdoch green | 1 | 1947–1947 |
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.