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27 Massachusetts opinions name it 3 courts 1976–2025 4 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. Gracegreen2 sentences2025"A judge 'may grant a new trial at any time if it appears that justice may not have been done.' The judge must make 'such findings of fact as are necessary to resolve the defendant's allegations of error of law.'" Commonwealth v. Grace, 397 Mass. 303, 305 (1986), quoting Mass. R. 2025"A judge 'may grant a new trial at any time if it appears that justice may not have been done.' The judge must make 'such findings of fact as are necessary to resolve the defendant's allegations of error of law.'" Commonwealth v. Grace, 397 Mass. 303, 305 (1986), quoting Mass. R. | 2 | 2 |
Commonwealth v. Almontegreen2 sentences2018See Almonte , 84 Mass. App. Ct. at 739 n.2 ("[A] substantial factual dispute in the motion documents demands an evidentiary hearing and findings as a prerequisite for vacation of a final conviction) (emphasis added). 2015See Commonwealth v. Almonte, 84 Mass. App. Ct. at 739 . | 2 | 2 |
Commonwealth v. Lutskovgreen1 sentence2025See Lutskov, 480 Mass. at 582 . | 1 | 1 |
Commonwealth v. Henrygreen1 sentence2024"While the defendant bears the burden of proof on a motion for a new trial, and the motion judge is entitled to discredit affidavits, . . . the motion judge must make 'such findings of fact as are necessary to resolve the defendant's allegations of error of law.'" Commonwealth v. Henry, 88 Mass. App. Ct. 446, 451 (2015), quoting Mass. R. | 1 | 1 |
Commonwealth v. Bertrandgreen1 sentence2017See also Commonwealth v. Bertrand, 385 Mass. 356 , 364- 365 (1982). | 1 | 1 |
Commonwealth v. Marinhogreen1 sentence2015While the defendant bears the burden of proof on a motion for a new trial, and the motion judge is entitled to discredit affidavits, Commonwealth v. Marinho, 464 Mass. 115, 123 (2013), the motion judge must make “such findings of fact as are necessary to resolve the defendant’s allegations of error of law.” Mass.R.Crim.P. 30(b). | 1 | 1 |
Beddall v. State Street Bank & Trust Co.green1 sentence2015Where, as here, the allegations of a claim depend upon a written instrument, “that document effectively merges into the pleadings and the trial court can review it in deciding a motion to dismiss.” Beddall v. State Street Bank & Trust Co., 137 F.3d 12, 17 (1st Cir. 1988). | 1 | 1 |
Commonwealth v. Schandgreen1 sentence2014Commonwealth v. Schand, 420 Mass. 783, 787 (1995). | 1 | 1 |
Commonwealth v. Robbinsgreen1 sentence2012See Commonwealth v. Porro, 458 Mass. 526, 527 (2010) (defendant in moving vehicle swerved into victim after threatening him with gun); Commonwealth v. Robbins, 414 Mass. 444, 445 (1993) (defendant told witness that victim, a passenger in his car, jumped into street); Commonwealth v. Joyce, 326 Mass. 751, 752 (1951) (defendant returned to injured victim after collision and asked witnesses to lie about his involvement). | 1 | 1 |
Commonwealth v. Joycegreen1 sentence2012See Commonwealth v. Porro, 458 Mass. 526, 527 (2010) (defendant in moving vehicle swerved into victim after threatening him with gun); Commonwealth v. Robbins, 414 Mass. 444, 445 (1993) (defendant told witness that victim, a passenger in his car, jumped into street); Commonwealth v. Joyce, 326 Mass. 751, 752 (1951) (defendant returned to injured victim after collision and asked witnesses to lie about his involvement). | 1 | 1 |
Commonwealth v. Porrogreen1 sentence2012See Commonwealth v. Porro, 458 Mass. 526, 527 (2010) (defendant in moving vehicle swerved into victim after threatening him with gun); Commonwealth v. Robbins, 414 Mass. 444, 445 (1993) (defendant told witness that victim, a passenger in his car, jumped into street); Commonwealth v. Joyce, 326 Mass. 751, 752 (1951) (defendant returned to injured victim after collision and asked witnesses to lie about his involvement). | 1 | 1 |
Commonwealth v. Cartergreen1 sentence2006See Commonwealth v. Carter, 423 Mass. 506 , 512 n.7 (1996). | 1 | 1 |
Desaigoudar v. Meyercordgreen2 sentences2006Thus, the “director’s position with respect to the allegations of the claim and all extraneous influences are subject to the court’s scrutiny.” Desaigoudar v. Meyercord, 108 Cal.App.4th 173, 189 , 133 Cal.Rptr.2d 408, 419-20 (Cal.App. 2003). 2006Thus, the “director’s position with respect to the allegations of the claim and all extraneous influences are subject to the court’s scrutiny.” Desaigoudar v. Meyercord, 108 Cal.App.4th 173, 189 , 133 Cal.Rptr.2d 408, 419-20 (Cal.App. 2003). | 1 | 1 |
Beam Ex Rel. M. Stewart Living v. Stewartgreen1 sentence2006A director’s independence may reasonably be doubted if there is “evidence that in the past the relationship caused the director to act non-independently vis-a-vis an interested director.” Beam ex reL Martha Stewart Omnimedia Inc. v. Stewart, 845 A.2d 1040, 1051 (Del. 2004) (discussing presuit demand independence standard). | 1 | 1 |
Commonwealth v. Alvarezgreen1 sentence2005“On the Commonwealth’s appeal of the grant of a defendant’s motion for a new trial, we consider whether the judge committed a significant error of law or abuse of discretion in allowing the defendant’s motion.” Commonwealth v. Alvarez, 433 Mass. 93, 100-101 (2000). | 1 | 1 |
Commonwealth v. Fanelligreen1 sentence2005See Commonwealth v. Fanelli, 412 Mass. 497, 501 (1992) (“if a lobby conference is held, the better practice is to record it, and provide a copy of the recording to the defendant on request, so that the defendant may know what was said”). | 1 | 1 |
Continental Casualty Co. v. Gilbane Building Co.green1 sentence1994Co., 391 Mass. 143, 146 (1984). | 1 | 1 |
Commonwealth v. DeMarcogreen1 sentence1985Upon the motion the trial judge shall make such findings of fact as are necessary to resolve the defendant’s allegations of error of law.” That such a motion is appropriate for attacking a guilty plea, see Commonwealth v. DeMarco, 387 Mass. 481, 482 (1982). 2 The rule is elaborate. | 1 | 1 |
Commonwealth v. De Christoforogreen1 sentence1985See Commonwealth v. DeChristoforo, 360 Mass. 531, 534-536 (1971). | 1 | 1 |
Commonwealth v. Josephgreen2 sentences1984See Commonwealth v. Joseph, supra at 881-882 ; Commonwealth v. Mendez, 8 Mass. App. Ct. 914, 915 (1979). 6 The defendant’s various allegations of error do not create a substantial risk of a miscarriage of justice. 1984See Commonwealth v. Joseph, supra at 881-882 ; Commonwealth v. Mendez, 8 Mass. App. Ct. 914, 915 (1979). [6] *822 The defendant's various allegations of error do not create a substantial risk of a miscarriage of justice. | 1 | 1 |
| Commonwealth v. Mendezgreen | 1 | 1 |
| Commonwealth v. Freemangreen | 1 | 1 |
| Commonwealth v. Franksgreen | 1 | 1 |
| Wersetsky v. First Federal Savings & Loan Ass'ngreen | 1 | 1 |
| Laing v. Mittengreen | 1 | 1 |
| Sheppard v. Bryantgreen | 1 | 1 |
| Mezullo v. Maletzgreen | 1 | 1 |
| Lakeside v. Oregongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Blanchard v. Steward Carney Hospital, Inc.
green
1 sentence2025The motion judge did so in reliance on Blanchard, 477 Mass. at 155 , which required judges to parse the allegations of a claim so as to allow any portion of a claim based on petitioning activity to be dismissed. | 1 | 2025–2025 |
Commonwealth v. Preston
green
1 sentence2018However, "[a] judge's failure to make findings required by rule 30(b) is 'not fatal ... where the ultimate conclusion is clearly evident from the record,' Commonwealth v. Lanoue , 392 Mass. 583 , 586 n.2 (1984), or where we are satisfied that 'on review of the whole case manifest injustice would [not] result,' Commonwealth v. Preston , 393 Mass. 318 , 322 n.4 (1984)." Ibid . | 1 | 2018–2018 |
Commonwealth v. Lanoue
green
1 sentence2018However, "[a] judge's failure to make findings required by rule 30(b) is 'not fatal ... where the ultimate conclusion is clearly evident from the record,' Commonwealth v. Lanoue , 392 Mass. 583 , 586 n.2 (1984), or where we are satisfied that 'on review of the whole case manifest injustice would [not] result,' Commonwealth v. Preston , 393 Mass. 318 , 322 n.4 (1984)." Ibid . | 1 | 2018–2018 |
Commonwealth v. Torres
green
1 sentence2018He correctly observes that under Mass.R.Crim.P. 30(b), as appearing in 435 Mass. 1501 (2001), "[t]he judge must make findings of fact necessary to resolve the defendant's allegations of error of law in a motion for a new trial." Commonwealth v. Torres , 469 Mass. 398 , 403 (2014). | 1 | 2018–2018 |
Commonwealth v. Wright
green
1 sentence2018When reviewing a motion for new trial, we "examine the motion judge's conclusion only to determine whether there has been a significant error of law or other abuse of discretion." Commonwealth v. Brescia , 471 Mass. 381 , 387 (2015), quoting Commonwealth v. Wright , 469 Mass. 447 , 461 (2014). | 1 | 2018–2018 |
Commonwealth v. Brescia
green
1 sentence2018When reviewing a motion for new trial, we "examine the motion judge's conclusion only to determine whether there has been a significant error of law or other abuse of discretion." Commonwealth v. Brescia , 471 Mass. 381 , 387 (2015), quoting Commonwealth v. Wright , 469 Mass. 447 , 461 (2014). | 1 | 2018–2018 |
Commonwealth v. Scott
green
1 sentence2015See Commonwealth v. Grace, 397 Mass. 303, 305 (1986); Commonwealth v. Scott, supra. The defendant argues that his pleas to the 2004 and 2005 charges should be vacated and he should be granted new trials because (1) he was denied effective assistance of counsel due to the failures of both plea counsel to fully inform him of the immigration consequences of his pleas, (2) his pleas were not knowing and voluntary due to the faulty advice of counsel, and (3) justice was not done as demonstrated by the victim’s recantation of her allegations. | 1 | 2015–2015 |
Commonwealth v. Stewart
green
1 sentence2014“Rule 30(b) encourages judges to make ‘such findings of fact as are necessary to resolve the defendant’s allegations of error of law.’ ” Id. | 1 | 2014–2014 |
Altria Group, Inc. v. Good
green
1 sentence2011In Altria Group v. Good, 555 U.S. 70 (2008), the plurality found the respondents’ allegations of a violation of the duty not to deceive as codified in the Maine Unfair Trade Practices Act, like the common-law duty in Cipollone , had nothing to do with smoking and health. | 1 | 2011–2011 |
Madsen v. Erwin
green
2 sentences2001The Court held that the libel and slander count should not have been dismissed for lack of subject matter jurisdiction because: (1) the sexual affair allegations giving rise to the libel and slander count had nothing to do with religious doctrine, church discipline, faith, or internal organization, Hiles at 228 ; (2) examining the allegations would not challenge any binding decision of a church tribunal; id.; (3) analyzing of the behavior would focus on Defendant Hastie, a secular person, not on Hiles, a pastor; id. at 229 ; and (4) Hastie’s actions, although occurring in a religious setting, 2001The Court held that the libel and slander count should not have been dismissed for lack of subject matter jurisdiction because: (1) the sexual affair allegations giving rise to the libel and slander count had nothing to do with religious doctrine, church discipline, faith, or internal organization, Hiles at 228 ; (2) examining the allegations would not challenge any binding decision of a church tribunal; id.; (3) analyzing of the behavior would focus on Defendant Hastie, a secular person, not on Hiles, a pastor; id. at 229 ; and (4) Hastie’s actions, although occurring in a religious setting, | 1 | 2001–2001 |
| Commonwealth v. Morrissey green | 1 | 1978–1978 |
| Breed v. Jones green | 1 | 1976–1976 |
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.