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15 Massachusetts opinions name it 4 courts 1970–2020 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 |
|---|---|---|
Josephs v. Board of Appeals of Brooklinegreen2 sentences2003“As a general rule, the concept of a hearing de novo precludes giving evidentiary weight to the findings of the tribunal from whose decision an appeal was claimed.” Id., citing Devine v. Zoning Bd. Of Appeals of Lynn, 332 Mass. 319, 321 (1955); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 295 (1972). 2. 1990See, e.g., Devine v. Zoning Bd. of Appeals of Lynn, 332 Mass. 319, 321 (1955); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 295 (1972). | 2 | 2 |
Devine v. Zoning Board of Appeals of Lynngreen2 sentences2003“As a general rule, the concept of a hearing de novo precludes giving evidentiary weight to the findings of the tribunal from whose decision an appeal was claimed.” Id., citing Devine v. Zoning Bd. Of Appeals of Lynn, 332 Mass. 319, 321 (1955); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 295 (1972). 2. 1990See, e.g., Devine v. Zoning Bd. of Appeals of Lynn, 332 Mass. 319, 321 (1955); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 295 (1972). | 2 | 2 |
Scheuer v. Rhodesred1 sentence2020The concept of immunity assumes this, and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all." Scheuer v. Rhodes, 416 U.S. 232, 242 (1974), overruled on other grounds, Davis v. Scherer, 468 U.S. 183, 191 (1984). | 1 | 1 |
Davis v. Scherergreen1 sentence2020The concept of immunity assumes this, and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all." Scheuer v. Rhodes, 416 U.S. 232, 242 (1974), overruled on other grounds, Davis v. Scherer, 468 U.S. 183, 191 (1984). | 1 | 1 |
Commonwealth v. Donahuegreen1 sentence2019A person "may defend or regain his momentarily interrupted possession by the use of reasonable force, short of wounding or the employment of a dangerous weapon." Commonwealth v. Donahue, 148 Mass. 529, 531 (1889). | 1 | 1 |
Commonwealth v. Rodriguezgreen1 sentence2010In Commonwealth v. Rodriguez, 437 Mass. 554, 560 (2002), the SJC held the following presumption of innocence instruction sufficient: The concept of presumption of innocence means exactly what it says. | 1 | 1 |
United States v. Noblesgreen2 sentences2010Because the right to remain silent is a personal one, see Moran v. Burbine, 475 U.S. at 433 n.4; see also United States v. Nobles, 422 U.S. 225, 233 (1975), a waiver must be by the defendant himself, not just his counsel. 2010Because the right to remain silent is a personal one, see Moran v. Burbine, 475 U.S. at 433 n.4; see also United States v. Nobles, 422 U.S. 225, 233 (1975), a waiver must be by the defendant himself, not just his counsel. | 1 | 1 |
Commonwealth v. Martingreen1 sentence2000See Commonwealth v. Martin, 369 Mass. 640, 649 (1976). | 1 | 1 |
Powers v. Commonwealthgreen1 sentence1998See Powers v. Commonwealth, 426 Mass. 534, 534-535 (1998); McGuinness v. Commonwealth, 423 Mass. 1003 (1996). | 1 | 1 |
Colonial Gas Co. v. Aetna Casualty & Surety Co.green1 sentence1993A party does not waive the privilege by bringing suit, Colonial Gas Co. v. Aetna Casualty & Surety Co., 144 F.R.D. 600, 604 (D.Mass. 1992), unless the privilege holder relies on the privileged material in asserting its claim. | 1 | 1 |
Milton Commons Assoc. v. BD. OF APP. OF MILTONgreen1 sentence1988See Milton Commons Assoc. v. Board of Appeals of Milton, 14 Mass. App. Ct. 111, 114-115 (1982). | 1 | 1 |
Whitney v. City of Worcestergreen1 sentence1983Sub-paragraph (b) of § 10 of c. 258 provides that the Tort Claims Act shall not apply to “any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a public employer or public employee, acting within the scope of his office or employment, whether or not the discretion involved is abused.” To date, Massachusetts courts have not had occasion to construe the statutory “discretionary function” exception, although the concept of such an exception was extensively discussed in Whitney v. Worcester, 373 Mass. 208, 216-220 (19 | 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. Haddock
green
1 sentence2019L. c. 278A motion for postconviction forensic testing, assertion of self-defense is claim of "factual innocence").3 The concept of defense of property "relates to the right to use limited force to defend personal property from theft." Commonwealth v. Haddock, 46 Mass. App. Ct. 246 , 248 n.2 (1999). | 1 | 2019–2019 |
Moran v. Burbine
green
2 sentences2010Because the right to remain silent is a personal one, see Moran v. Burbine, 475 U.S. at 433 n.4; see also United States v. Nobles, 422 U.S. 225, 233 (1975), a waiver must be by the defendant himself, not just his counsel. 2010Because the right to remain silent is a personal one, see Moran v. Burbine, 475 U.S. at 433 n.4; see also United States v. Nobles, 422 U.S. 225, 233 (1975), a waiver must be by the defendant himself, not just his counsel. | 1 | 2010–2010 |
Attorney General v. Colleton
green
2 sentences2010Id. at 796 . 5 , 6 Inextricably connected to the expansive nature of the art. 12 right against “furnish[ing] evidence” against oneself is the concept of waiver — an issue obviously raised in this case, although not discussed by the court. 2010Id. at 796 . [5] , [6] Inextricably connected to the expansive nature of the art. 12 right against "furnish[ing] evidence" against oneself is the concept of waiver — an issue obviously raised in this case, although not discussed by the court. | 1 | 2010–2010 |
Dolphino Corp. v. Alcoholic Beverages Control Commission
green
1 sentence2003“As a general rule, the concept of a hearing de novo precludes giving evidentiary weight to the findings of the tribunal from whose decision an appeal was claimed.” Id., citing Devine v. Zoning Bd. Of Appeals of Lynn, 332 Mass. 319, 321 (1955); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 295 (1972). 2. | 1 | 2003–2003 |
McGuinness v. Commonwealth
green
1 sentence1998See Powers v. Commonwealth, 426 Mass. 534, 534-535 (1998); McGuinness v. Commonwealth, 423 Mass. 1003 (1996). | 1 | 1998–1998 |
Feener v. NEW ENGLAND TEL. & TELEGRAPH CO.
green
1 sentence1990Co., 20 Mass. App. Ct. 166 , 169-170 (1985). | 1 | 1990–1990 |
Kastigar v. United States
green
1 sentence1982The concept of immunity has developed as the “rational accommodation between the imperatives of the privilege and the legitimate demands of government to compel citizens to testify.” Kastigar, supra at 446 . | 1 | 1982–1982 |
Blaisdell v. Commonwealth
green
1 sentence1980Under Blaisdell v. Commonwealth, 372 Mass. 753 (1977), a defendant claiming lack of criminal responsibility may be compelled to undergo psychiatric examina *593 tion but this may be required only where on his part he intends to present expert testimony depending in whole or part on voluntary interview between the psychiatrist and himself; a concept of waiver is involved. | 1 | 1980–1980 |
Snow v. Metropolitan Transit Authority
green
1 sentence1970Snow v. Metropolitan Transit Authority, 323 Mass. 21, 24 . | 1 | 1970–1970 |
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.