continuance will not constitute error (Massachusetts) · Go Syfert
← Massachusetts issues

continuance will not constitute error in Massachusetts

16 Massachusetts opinions name it 2 courts 1976–2024 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.

Followed or applied (11)

CaseFollowedCited
Commonwealth v. Milesgreen
mass · 1995 · cited in 5 Massachusetts opinions naming this issue, 1999–2010
2 sentences

2010“Generally, ‘[t]he decision whether to grant a motion to continue lies within the sound discretion of the trial judge . . . [and a] denial of a continuance will not constitute error absent an abuse of that discretion.’ ” Commonwealth v. Super, 431 Mass. 492,496 (2000), quoting from Commonwealth v. Miles, 420 Mass. 67, 85 (1995).

2008“The decision whether to grant a motion to continue lies within the sound discretion of the trial judge[, . . . and a] denial of a continuance will not constitute error absent an abuse of that discretion.” (Citations omitted.) Commonwealth v. Miles, 420 Mass. 67, 85 (1995).

45
Commonwealth v. Cavanaughgreen
mass · 1976 · cited in 4 Massachusetts opinions naming this issue, 1983–1994
2 sentences

1994“Ordinarily, the granting of a continuance rests in the sound discretion of the trial judge, and a denial of a continuance will not constitute error absent an abuse of that discretion.” Commonwealth v. Cavanaugh, 371 Mass. 46, 50-51 (1976).

1990“Ordinarily, the granting of a continuance rests in the sound discretion of the trial judge, and a denial of a continuance will not constitute error absent an abuse of that discretion.” Commonwealth v. Cavanaugh, 371 Mass. 46, 50-51 (1976).

44
Commonwealth v. Gilchrestgreen
mass · 1973 · cited in 3 Massachusetts opinions naming this issue, 2000–2010
2 sentences

2010Furthermore, “[i]n considering a request for a continuance, a trial judge should balance the movant’s need for additional time against the possible inconvenience, increased costs, and prejudice which may be incurred by the opposing party if the motion is granted.” Commonwealth v. Super, supra at 496-497 , quoting from Commonwealth v. Gilchrest, 364 Mass. 272, 276 (1973).

2003See Commonwealth v. Mamay, 407 Mass. 412, 419-420 (1990), quoting Commonwealth v. Gilchrest, 364 Mass. 272, 276-277 (1973).

33
Commonwealth v. Paintengreen
mass · 1999 · cited in 3 Massachusetts opinions naming this issue, 2000–2004
2 sentences

2004“Generally, 1 [t]he decision whether to grant a motion to continue lies within the sound discretion of the . . . judge . . . [and a] denial of a continuance will not constitute error absent an abuse of that discretion.’ ” Commonwealth v. Super , 431 Mass, at 496, quoting from Commonwealth v. Painten, 429 Mass. 536, 543 (1999).

2003Denial of a continuance will not constitute error absent an abuse of discretion, Com monwealth v. Painten, 429 Mass. 536, 543 (1999), and there was no abuse of that discretion in denying a motion, filed on the morning of trial, seeking an indefinite continuance to try to procure the attendance of a witness who would, in all likelihood, assert the Fifth Amendment to the United States Constitution with respect to the line of questioning counsel ostensibly wished to pursue.

33
Commonwealth v. Mamaygreen
mass · 1990 · cited in 3 Massachusetts opinions naming this issue, 1994–2003
2 sentences

2003See Commonwealth v. Mamay, 407 Mass. 412, 419-420 (1990), quoting Commonwealth v. Gilchrest, 364 Mass. 272, 276-277 (1973).

1995Commonwealth v. Mamay, 407 Mass. 412, 419 (1990).

23
Commonwealth v. Supergreen
mass · 2000 · cited in 2 Massachusetts opinions naming this issue, 2010–2024
2 sentences

2024"Generally, '[t]he decision whether to grant a motion to continue lies within the sound discretion of the . . . judge . . . [and a] denial of a continuance will not constitute error absent an abuse of that discretion.'" Commonwealth v. Clegg, 61 Mass. App. Ct. 197, 200 (2004), quoting Commonwealth v. Super, 431 Mass. 492, 496 (2000).

2010“Generally, ‘[t]he decision whether to grant a motion to continue lies within the sound discretion of the trial judge . . . [and a] denial of a continuance will not constitute error absent an abuse of that discretion.’ ” Commonwealth v. Super, 431 Mass. 492,496 (2000), quoting from Commonwealth v. Miles, 420 Mass. 67, 85 (1995).

22
Commonwealth v. Klangosgreen
mass · 1951 · cited in 3 Massachusetts opinions naming this issue, 1976–1986
2 sentences

1986Commonwealth v. Klangos, 326 Mass. 690 (1951).

1982Commonwealth v. Klangos, 326 Mass. 690, 691 (1951).

13
Commonwealth v. Clegggreen
massappct · 2004 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
2 sentences

2024"Generally, '[t]he decision whether to grant a motion to continue lies within the sound discretion of the . . . judge . . . [and a] denial of a continuance will not constitute error absent an abuse of that discretion.'" Commonwealth v. Clegg, 61 Mass. App. Ct. 197, 200 (2004), quoting Commonwealth v. Super, 431 Mass. 492, 496 (2000).

2024In considering a request for a continuance, however, the judge "should balance the movant's need for additional time against the possible inconvenience, increased costs, and prejudice which may be incurred by the opposing party if the motion is granted." Clegg, supra, quoting Super, supra at 497 .

11
Mowat v. Delucagreen
mass · 1953 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008See Mowat v. Deluca, 330 Mass. 711, 712 (1953).

11
Commonwealth v. Chasegreen
massappct · 1982 · cited in 1 Massachusetts opinions naming this issue, 2004–2004
1 sentence

2004See Commonwealth v. Chase, 14 Mass. App. Ct. 1032, 1033 (1982).

11
Commonwealth v. Miskelgreen
mass · 1974 · cited in 1 Massachusetts opinions naming this issue, 1983–1983
1 sentence

1983We couple that criterion with the principle now well established by State and Federal decisions “that a defendant’s freedom to change his counsel is restricted on the commencement of trial.” Commonwealth v. Miskel, 364 Mass. 783, 791 (1974).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Elbar Realty, Inc. v. Shapiro neutral
mass · 1961
1 sentence

2001Elbar Realty, Inc. v. Shapiro, 342 Mass. 276, 278 , appeal dismissed, 368 U.S. 802 (1961), and cases cited.

12001–2001
Shapiro v. Elbar Realty, Inc. green
scotus · 1961
1 sentence

2001Elbar Realty, Inc. v. Shapiro, 342 Mass. 276, 278 , appeal dismissed, 368 U.S. 802 (1961), and cases cited.

12001–2001

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 265, § 15B (3) MA § Mass. Gen. Laws ch. 265, § 17 (3) MA § Mass. Gen. Laws ch. 278, § 33E (3)

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.

← Caselaw search · G Cite Topics · Brief Check