Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
20 Massachusetts opinions name it 3 courts 1981–2026 5 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. Davisgreen1 sentence2026Where the defendant raised the claim in this way, he will be entitled to relief only "when the factual basis of the claim appears indisputably on the trial record." Commonwealth v. Davis, 481 Mass. 210, 223 (2019), quoting Commonwealth v. Gorham, 472 Mass. 112 , 116 n.4 (2015). | 1 | 1 |
Commonwealth v. Grassiegreen1 sentence2025As the defendant raised a claim of self-defense, the Commonwealth was "required to prove beyond a reasonable doubt that the defendant did not engage in the proper use of self-defense." Commonwealth v. Grassie, 476 Mass. 202, 209-210 (2017), S.C., 482 Mass. 1017 (2019). | 1 | 1 |
Commonwealth v. Azargreen1 sentence2024Where a "claim of ineffectiveness is predicated, as it is here, on counsel's failure to object to something that occurred at trial, the standard for evaluating the ineffectiveness claim is not significantly different from the substantial risk standard that is applicable to our review of the underlying, unpreserved error." Commonwealth v. Azar, 435 Mass. 675, 686 (2002). | 1 | 1 |
Commonwealth v. Pisagreen1 sentence2023See Commonwealth v. Pisa, 384 Mass. 362, 366 (1981) ("Issues not raised at trial or pursued in available appellate proceedings are waived"); Mass. R. | 1 | 1 |
Commonwealth v. Ruffengreen1 sentence2023In Savage, also a child sexual abuse case, the defendant argued, unsuccessfully; "that his counsel was ineffective in not pursuing other incidents of abuse, predating the defendant's· contact with the victim, which could have explained the victim's precocious familiarity with particular sexual terms and acts." Savage, 51 Mass. App. Ct. at 503, citing Commonwealth v. Ruffen, 399 Mass. 811, 816 (1987). | 1 | 1 |
Commonwealth v. Deloneygreen1 sentence2016Commonwealth v. Deloney, 59 Mass. App. Ct. 47, 54 (2003). | 1 | 1 |
Commonwealth v. Scottgreen1 sentence2014See Commonwealth v. Scott, 440 Mass. 642, 646 (2004). | 1 | 1 |
Arizona v. Gantgreen1 sentence2013See Arizona v. Gant, 556 U.S. 332, 343-344 (2009); Commonwealth v. Starkweather, 79 Mass. App. Ct. 791, 796-797 (2011). | 1 | 1 |
Commonwealth v. Starkweathergreen1 sentence2013See Arizona v. Gant, 556 U.S. 332, 343-344 (2009); Commonwealth v. Starkweather, 79 Mass. App. Ct. 791, 796-797 (2011). | 1 | 1 |
Commonwealth v. Peruzzigreen2 sentences2010Accordingly, we review to determine whether any error was nonprejudicial in the sense that we are sure “that the error did not influence the jury, or had but very slight effect.” Id. at 353 , quoting Commonwealth v. Peruzzi, 15 Mass. App. Ct. 437, 445 (1983). c. 2010Accordingly, we review to determine whether any error was nonprejudicial in the sense that we are sure "that the error did not influence the jury, or had but very *724 slight effect." Id. at 353 , quoting Commonwealth v. Peruzzi, 15 Mass. App. Ct. 437, 445 (1983). c. | 1 | 1 |
Commonwealth v. McDuffeegreen1 sentence2010Cf. Commonwealth v. McDuffee, 379 Mass. 353, 359 (1979) (noting that “the rationale behind the requirement of a specific exception is to enable the judge to make any necessary correction”). | 1 | 1 |
Commonwealth v. Flebottegreen2 sentences2010Because the defendant raised this claim before trial through a motion in limine and again at trial during the testimony of Detective Lieutenant Drawee, the asserted error is preserved. 9 See Commonwealth v. Flebotte, 417 Mass. 348, 351, 353 (1994). 2010Because the defendant raised this claim before trial through a motion in limine and again at trial during the testimony of Detective Lieutenant Drawec, the asserted error is preserved. [9] See Commonwealth v. Flebotte, 417 Mass. 348, 351, 353 (1994). | 1 | 1 |
Commonwealth v. Zinsergreen1 sentence2009See Commonwealth v. Zinser, 446 Mass. 807, 810 (2006), citing Commonwealth v. Saferian, 366 Mass. 89 , 90 n.1 (1974) (“the preferred method for raising a claim of ineffective assistance of counsel is through a motion for new trial”). | 1 | 1 |
Commonwealth v. Saferiangreen1 sentence2009See Commonwealth v. Zinser, 446 Mass. 807, 810 (2006), citing Commonwealth v. Saferian, 366 Mass. 89 , 90 n.1 (1974) (“the preferred method for raising a claim of ineffective assistance of counsel is through a motion for new trial”). | 1 | 1 |
Raposo v. Evansgreen1 sentence2008See id. at 385-86 (applying factors to defendant’s conduct). | 1 | 1 |
Shabazz v. Commonwealthgreen1 sentence1999Relying on Shabazz v. Commonwealth, 387 Mass. 291, 296 (1982), which left undecided “whether, on a successful challenge to the legality of one sentence, this court may properly order reconsideration of all lawful, interdependent sentences to which a defendant raised no challenge,” the defendant urges the “question” raised by that case should be answered in the negative because he only challenged the consecutive sentence for aggravated rape. | 1 | 1 |
Commonwealth v. Whitegreen2 sentences1984See Commonwealth v. White, supra. The Commonwealth appealed. 1984See Commonwealth v. White, supra . | 1 | 1 |
Commonwealth v. Griecogreen1 sentence1983Compare Commonwealth v. Grieco, 386 Mass. 484, 486 (1982). 2. | 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. Gorham
green
1 sentence2026Where the defendant raised the claim in this way, he will be entitled to relief only "when the factual basis of the claim appears indisputably on the trial record." Commonwealth v. Davis, 481 Mass. 210, 223 (2019), quoting Commonwealth v. Gorham, 472 Mass. 112 , 116 n.4 (2015). | 1 | 2026–2026 |
Commonwealth v. Grassie
green
1 sentence2025As the defendant raised a claim of self-defense, the Commonwealth was "required to prove beyond a reasonable doubt that the defendant did not engage in the proper use of self-defense." Commonwealth v. Grassie, 476 Mass. 202, 209-210 (2017), S.C., 482 Mass. 1017 (2019). | 1 | 2025–2025 |
Commonwealth v. Lanigan
green
1 sentence2019However, the defendant raised no challenge to the evidence on Daubert - Lanigan grounds before trial, see Daubert v. Merrell Dow Pharms., Inc ., 509 U.S. 579 (1993) ; Commonwealth v. Lanigan , 419 Mass. 15 (1994), and there is no indication from the materials before us that he objected to the testimony at trial. | 1 | 2019–2019 |
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
1 sentence2019However, the defendant raised no challenge to the evidence on Daubert - Lanigan grounds before trial, see Daubert v. Merrell Dow Pharms., Inc ., 509 U.S. 579 (1993) ; Commonwealth v. Lanigan , 419 Mass. 15 (1994), and there is no indication from the materials before us that he objected to the testimony at trial. | 1 | 2019–2019 |
Commonwealth v. Maguire
green
2 sentences2019We also note that the judge's instructions advised the jury that "[m]ere nervousness and offense has never been held sufficient to warrant a finding that a viewer was in fact alarmed or shocked." On the charge of disorderly conduct, the judge also told the jury that the Commonwealth must prove beyond a reasonable doubt that "the defendant's actions were reasonably likely to affect the public." Although the instructions did not explicitly advise the jury that the shock or alarm caused by the open and gross lewdness must be objectively reasonable (because the case was tried before that requireme 2019We also note that the judge's instructions advised the jury that "[m]ere nervousness and offense has never been held sufficient to warrant a finding that a viewer was in fact alarmed or shocked." On the charge of disorderly conduct, the judge also told the jury that the Commonwealth must prove beyond a reasonable doubt that "the defendant's actions were reasonably likely to affect the public." Although the instructions did not explicitly advise the jury that the shock or alarm caused by the open and gross lewdness must be objectively reasonable (because the case was tried before that requireme | 1 | 2019–2019 |
Commonwealth v. Carter
green
2 sentences2019These situations are easily distinguishable from the present case, in which the grand jury heard evidence suggesting a systematic campaign of coercion on which the virtually present defendant embarked -- captured and preserved through her text messages -- that targeted the equivocating young victim's insecurities and acted to subvert his willpower in favor of her own." Unlike in Carter I , 474 Mass. at 636 n.18, 52 N.E.3d 1054 , the defendant raised this claim at trial by moving for a required finding of not guilty on this ground (among others). 2019These situations are easily distinguishable from the present case, in which the grand jury heard evidence suggesting a systematic campaign of coercion on which the virtually present defendant embarked -- captured and preserved through her text messages -- that targeted the equivocating young victim's insecurities and acted to subvert his willpower in favor of her own." Unlike in Carter I , 474 Mass. at 636 n.18, 52 N.E.3d 1054 , the defendant raised this claim at trial by moving for a required finding of not guilty on this ground (among others). | 1 | 2019–2019 |
Commonwealth v. Soares
green
1 sentence1987The defendant raised a challenge under the rule set forth in Commonwealth v. Soares, 377 Mass. 461, 488 , cert, denied, 444 U.S. 881 (1979). | 1 | 1987–1987 |
Massachusetts v. Soares
green
1 sentence1987The defendant raised a challenge under the rule set forth in Commonwealth v. Soares, 377 Mass. 461, 488 , cert, denied, 444 U.S. 881 (1979). | 1 | 1987–1987 |
Commonwealth v. Bressant
green
1 sentence1981Commonwealth v. Anderson, 220 Mass. 142 [1915], Commonwealth v. Bressant, 126 Mass. 246 [1879]. ” The court went on to hold that in the case before it (as in the case before us) the issue of the defendant’s guilt had not been decided, even though witnesses had been heard, and that the defendant “[b]y consenting to have the complaint dismissed . . . lost any right which otherwise he might have had to plead that the dismissal was in legal effect an acquittal.” Micheli, supra at 92 . 3 In Commonwealth v. Mondano, 352 Mass. 260 (1967), the defendant raised as a bar to his prosecution under G. | 1 | 1981–1981 |
Commonwealth v. Anderson
green
1 sentence1981Commonwealth v. Anderson, 220 Mass. 142 [1915], Commonwealth v. Bressant, 126 Mass. 246 [1879]. ” The court went on to hold that in the case before it (as in the case before us) the issue of the defendant’s guilt had not been decided, even though witnesses had been heard, and that the defendant “[b]y consenting to have the complaint dismissed . . . lost any right which otherwise he might have had to plead that the dismissal was in legal effect an acquittal.” Micheli, supra at 92 . 3 In Commonwealth v. Mondano, 352 Mass. 260 (1967), the defendant raised as a bar to his prosecution under G. | 1 | 1981–1981 |
Commonwealth v. Micheli
green
1 sentence1981Commonwealth v. Anderson, 220 Mass. 142 [1915], Commonwealth v. Bressant, 126 Mass. 246 [1879]. ” The court went on to hold that in the case before it (as in the case before us) the issue of the defendant’s guilt had not been decided, even though witnesses had been heard, and that the defendant “[b]y consenting to have the complaint dismissed . . . lost any right which otherwise he might have had to plead that the dismissal was in legal effect an acquittal.” Micheli, supra at 92 . 3 In Commonwealth v. Mondano, 352 Mass. 260 (1967), the defendant raised as a bar to his prosecution under G. | 1 | 1981–1981 |
Commonwealth v. Mondano
green
1 sentence1981Commonwealth v. Anderson, 220 Mass. 142 [1915], Commonwealth v. Bressant, 126 Mass. 246 [1879]. ” The court went on to hold that in the case before it (as in the case before us) the issue of the defendant’s guilt had not been decided, even though witnesses had been heard, and that the defendant “[b]y consenting to have the complaint dismissed . . . lost any right which otherwise he might have had to plead that the dismissal was in legal effect an acquittal.” Micheli, supra at 92 . 3 In Commonwealth v. Mondano, 352 Mass. 260 (1967), the defendant raised as a bar to his prosecution under G. | 1 | 1981–1981 |
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.