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16 Massachusetts opinions name it 4 courts 1983–2018 0 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 |
|---|---|---|
Lena v. Commonwealthgreen2 sentences2007When faced with a motion to recuse, a judge must “consult first his own emotions and conscience” and, if he “pass[es] the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this [is] a proceeding in which his impartiality might reasonably be questioned.” Commonwealth v. Gogan, 389 Mass. at 259 , quoting from Lena v. Commonwealth, 369 Mass. 571, 575 (1976) (quotation marks omitted). 2007If he passed the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this was ‘a proceeding in which his impartiality might reasonably be questioned.’” Lena v. Commonwealth, 369 Mass. 571, 575 (1976), quoting S.J.C. | 13 | 13 |
Commonwealth v. Gogangreen2 sentences2008“If he pass[es] the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this [is] ‘a proceeding in which his impartiality might reasonably be questioned.’ ” Commonwealth v. Gogan, supra, quoting from Lena v. Commonwealth, supra. Turning to the first prong of the recusal analysis, we note that the judge in this case took great pains to search his conscience prior to deciding not to recuse himself. 2008Returning from his recess of two hours and forty-five minutes, the judge, quoting from Commonwealth v. Gogan, supra, stated: “I have conducted an internal test and I find myself free from any disabling prejudice. | 1 | 4 |
Demoulas v. Demoulas Super Markets, Inc.green1 sentence2003See also Demoulas v. Demoulas Super Markets, Inc., supra, 428 Mass. at 546 n.6; Commonwealth v. Gogan, 389 Mass. 255, 259 (1983). “(I]f, after applying the two-part test of S.J.C. | 1 | 1 |
Commonwealth v. Dane Entertainment Services, Inc.green1 sentence1996Rule 3:25, Canon 3(C)(1)(a), 359 Mass. 842 (1972) (now Rule 3:09, Canon 3[C][l][a]).” Commonwealth v. Dane Entertainment Servs., Inc., 18 Mass. App. Ct. 446, 449 (1984). | 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. Eddington
green
1 sentence2018"When faced with 'a question of [her] capacity to rule fairly, the judge [must] consult first [her] own emotions and conscience.' If [she] pass[es] the internal test of freedom from disabling prejudice, [she] must next attempt an objective appraisal of whether this [is] 'a proceeding in which [her] impartiality might reasonably be questioned.' " Commonwealth v. Eddington , 71 Mass. App. Ct. 138 , 143 (2008) (citations and quotation omitted). | 1 | 2018–2018 |
Colo v. Treasurer & Receiver General
green
1 sentence1996Id. at 553 . 5 Opponents of the proposed law also argue that the provision of the initiative specifying the time period for payment of legislative salaries proposes a rule and not a law. | 1 | 1996–1996 |
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.