21 Massachusetts opinions name it 2 courts 1976–2024 3 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 |
|---|---|---|
Cicchese v. Tape Time Corp.green1 sentence2023See Cicchese v. Tape Time Corp., 28 Mass. App. Ct. 72, 75 (1989). 6 On July 19, 2017, two months after the judgment entered, Sinapah filed an extension request to enlarge the time to file an appeal that a judge allowed for thirty days beginning July 20, 2017. | 1 | 1 |
Commonwealth v. Comitagreen1 sentence2022Citing Commonwealth v. Comita, 441 Mass. 86, 90-91 (2004), she concluded that the grounds raised by the defendant "would not have accomplished anything material for the defendant." Discussion. 1. | 1 | 1 |
Commonwealth v. Amaralgreen1 sentence2020See Amaral, 482 Mass. at 506-507 . 17The postconviction judge did not err in denying the defendant's motion without a hearing. | 1 | 1 |
Commonwealth v. Cahillgreen1 sentence2018See Commonwealth v. Cahill , 442 Mass. 127 , 130 (2004). 8 On February 14, 2017, in written findings, the judge denied the motion without a hearing, stating that even though a second offender may be eligible for a " Cahill " disposition under § 24D, "sentencing remains discretionary with the trial judge with a possible sentence of up to [two] and one-half years in the house of correction. | 1 | 1 |
Commonwealth v. Vaughngreen1 sentence2016Commonwealth v. Vaughn, 471 Mass. 398, 404 (2015). | 1 | 1 |
Commonwealth v. Lanigangreen1 sentence2015We conclude that because breath test evidence, at its core, is scientific evidence, the reliability of the Alcotest breath test result had to be established before evidence of it could be admitted, see Commonwealth v. Lanigan, 419 Mass. 15, 25-26 (1994), and, in this case, a hearing on and substantive consideration of the defendant’s challenges to that reliability were required. | 1 | 1 |
Commonwealth v. Kirwangreen1 sentence2015Discerning no abuse of discretion or other error of law, see Commonwealth v. Kirwan, 448 Mass. 304, 314 (2007), we affirm. *757 Background. | 1 | 1 |
Commonwealth v. Gracegreen1 sentence2009A reviewing court extends special deference to the action of a motion judge who was also the trial judge.” Commonwealth v. Grace, 397 Mass. 303, 307 (1986). | 1 | 1 |
Commonwealth v. Espadagreen1 sentence2008Commonwealth v. Espada, 450 Mass. 687, 697 (2008). | 1 | 1 |
Commonwealth v. Goodreaugreen1 sentence2007See generally Commonwealth v. Goodreau, 442 Mass. 341, 348 (2004). | 1 | 1 |
Commonwealth v. Stewartgreen1 sentence1993See Commonwealth v. Stewart, 383 Mass. 253, 257 (1981). | 1 | 1 |
Fogarty v. Commonwealthgreen1 sentence1992See Fogarty v. Commonwealth, 406 Mass. at 110-111 . 2. | 1 | 1 |
Commonwealth v. Schnoppsgreen1 sentence1984(A second affidavit of one Maureen Mercer in support of the motion has been abandoned, see Commonwealth v. Schnopps, 383 Mass. 178 n.1 [1981].) Franks had been jointly indicted with Guerriero for the victim’s murder, but the indictment against Franks had been nol pressed by the Commonwealth prior to trial. | 1 | 1 |
Commonwealth v. McLaughlingreen1 sentence1978Commonwealth v. McLaughlin, 364 Mass. 211, 229-231 (1973). | 1 | 1 |
Davis v. Mississippigreen2 sentences1976See Davis v. Mississippi, 394 U.S. 721 , 725-726 n.4 (1969); id. at 730 (Stewart, J., dissenting). *399 3. 1976See Davis v. Mississippi, 394 U.S. 721 , 725-726 n.4 (1969); id. at 730 (Stewart, J., dissenting). *399 3. | 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. Lopez
green
1 sentence2024The judge denied the motion without a hearing, ruling that the "[d]efendant has not overcome the presumption of regularity," citing Commonwealth v. Lopez, 426 Mass. 657 (1998). | 1 | 2024–2024 |
Commonwealth v. DeVincent
green
1 sentence2018Accordingly, we "defer to the sound discretion of the trial judge on whether [the defendant's] motion for a new trial requires an evidentiary hearing or whether it can be decided on the basis of the facts alleged in the affidavits," DeVincent , supra at 67 , and conclude that the judge did not abuse his discretion in denying the motion without a hearing. | 1 | 2018–2018 |
Commonwealth v. Hogan
green
1 sentence2018We review the defendant's sentence only to determine whether it was lawful, as we "have no general power to review the severity or leniency of an otherwise lawful sentence which is within the limits permitted by statute." Commonwealth v. Hogan , 17 Mass. App. Ct. 186 , 187 (1983). | 1 | 2018–2018 |
Commonwealth v. Patterson
green
2 sentences2010The judge denied the motion without a hearing, ruling that the ACE-V methodology was "generally accepted within the ... fingerprint-examiner community," and citing Commonwealth v. Patterson, 445 Mass. 626 (2005) ( Patterson ), a case in which this court concluded that "[c]onsistent with the decisions of other courts that have considered the issue since Daubert , ... the underlying theory and process of latent fingerprint identification, and the ACE-V methodology in particular, are sufficiently reliable to admit expert opinion testimony regarding the matching of a latent impression with a full 2010The judge denied the motion without a hearing, ruling that the ACE-V methodology was "generally accepted within the ... fingerprint-examiner community," and citing Commonwealth v. Patterson, 445 Mass. 626 (2005) ( Patterson ), a case in which this court concluded that "[c]onsistent with the decisions of other courts that have considered the issue since Daubert , ... the underlying theory and process of latent fingerprint identification, and the ACE-V methodology in particular, are sufficiently reliable to admit expert opinion testimony regarding the matching of a latent impression with a full | 1 | 2010–2010 |
Commonwealth v. Peloquin
neutral
1 sentence2002A judge in the Superior Court denied the motion without a hearing. 1 The Appeals Court reversed the denial of the motion for a new trial, Commonwealth v. Peloquin, 52 Mass. App. Ct. 480 (2001), concluding that the defendant’s trial counsel had been ineffective. | 1 | 2002–2002 |
Breese v. Commonwealth
green
1 sentence1996A single justice of this court allowed a limited appeal on “the issue of the failure to call Carver as a witness and on the related alleged ineffectiveness of appellate and trial counsel.” See Breese v. Commonwealth, 415 Mass. 249 , 251 n.2 (1993) (court only considers issues designated as substantial by single justice). | 1 | 1996–1996 |
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.