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15 Massachusetts opinions name it 2 courts 2001–2024 2 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. Kolenovicgreen2 sentences2016See Commonwealth v. Kolenovic, 471 Mass. 664, 675 (2015) (noting “extreme difficulty in successfully defending a murder case based on a lack of criminal responsibility defense”). 2015Also, consistent with the view expressed in Commonwealth v. Kolenovic, 471 Mass. at 678 , I add that counsel was not obligated to present a defense based on Dr. Spiers’s expert opinion that the defendant suffered from a mental impairment at the time of the offense. | 1 | 2 |
Commonwealth v. Millsgreen1 sentence2023Commonwealth v. Mills, 400 Mass. 626, 627 (1987). | 1 | 1 |
Commonwealth v. LaCavagreen2 sentences2018Compare Commonwealth v. LaCava , 438 Mass. 708 , 714, 783 N.E.2d 812 (2003) (where counsel's expert opined *1188 defendant did not have mental disease or defect, not unreasonable for counsel to consider that opinion as "serious impediment" to insanity defense). 2018Compare Commonwealth v. LaCava , 438 Mass. 708 , 714, 783 N.E.2d 812 (2003) (where counsel's expert opined *1188 defendant did not have mental disease or defect, not unreasonable for counsel to consider that opinion as "serious impediment" to insanity defense). | 1 | 1 |
Commonwealth v. Mattsongreen1 sentence2017Commonwealth v. Mattson, 377 Mass. 638, 642, 644 (1979). | 1 | 1 |
Commonwealth v. Candelariogreen1 sentence2017See Commonwealth v. Candelario, 446 Mass. 847, 857-858 (2006). | 1 | 1 |
Commonwealth v. Norrisgreen1 sentence2017See Commonwealth v. Norris, 462 Mass. 131, 144 (2012) (where evidence suggests defense would be unconvincing, judge sua sponte issuing instruction on that defense “might well . . . interfere[ ] with the defendants’ right to present their chosen defenses”). b. | 1 | 1 |
Commonwealth v. Monicogreen1 sentence2017At a hearing on the motion for a new trial, trial counsel testified that he considered the lack of criminal responsibility defense but decided against it because he was unable to And an expert who would testify that the defendant lacked criminal responsibility due to a mental disease or defect. 8 The motion judge, who was also the trial judge, made detailed findings including that, understanding that expert testimony is not necessary to pursue a lack of criminal responsibility defense, see Commonwealth v. Monico, 396 Mass. 793, 797-798 (1986), trial counsel chose not to assert, or request an i | 1 | 1 |
Commonwealth v. McGrathgreen1 sentence2017In Commonwealth v. McGrath, 358 Mass. 314, 319-320 (1970), we emphasized that a mental disease or defect is the sine qua non of a lack of criminal responsibility defense, holding that the defense is not available where the defendant’s loss of the substantial capacity to appreciate the wrongfulness of his conduct or conform his behavior to the requirements of the law is caused by the voluntary consumption of drugs or alcohol as opposed to a mental disease or defect. | 1 | 1 |
Commonwealth v. Federicigreen2 sentences2015Because, under Commonwealth v. Federici, 427 Mass. 740, 744-745 (1998), the decision to present a lack of criminal responsibility defense lies solely with him, the absence of any evidence indicating his willingness to present the defense prevents him from establishing prejudice as a result of counsel’s failure to investigate such a defense. 1 My disagreement with Justice Hines’s analysis of this issue is not merely a technical quibble. 2015Because, under Commonwealth v. Federici, 427 Mass. 740, 744-745 (1998), the decision to present a lack of criminal responsibility defense lies solely with him, the absence of any evidence indicating his willingness to present the defense prevents him from establishing prejudice as a result of counsel's failure to investigate such a defense.1 1 Even if the defendant had agreed to present a lack of criminal responsibility defense, I would still question whether 7 My disagreement with Justice Hines's analysis of this issue is not merely a technical quibble. | 1 | 1 |
Commonwealth v. Comitagreen2 sentences2015See Commonwealth v. Comita, 441 Mass. 86, 90 (2004). 2015See Commonwealth v. Comita, 441 Mass. 86, 90 (2004). | 1 | 1 |
Commonwealth v. Sliech-Brodeurgreen1 sentence2013He found support for his interpretation in this court’s language in Commonwealth v. Sliech-Brodeur, 457 Mass. 300, 318, 321 (2010) (Sliech-Brodeur), in which we stated, prior to the recent amendments, that “rule 14 (b)(2) exclusively governs pretrial discovery relating to a lack of criminal responsibility defense,” and that “the rule only authorizes a court-ordered psychiatric examination of the defendant by the Commonwealth’s expert, and nothing more.” The Commonwealth’s position, in contrast, is that rule 14 (b) (2) (B) permits pretrial discovery of a defendant’s medical and psychiatric reco | 1 | 1 |
Commonwealth v. Stockwellgreen1 sentence2001See Commonwealth v. Stockwell, 426 Mass. 17, 21 (1997). | 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. Berry
green
2 sentences2018Id . at 617 n.9, 931 N.E.2d 972 . 21 In DiPadova , we further stated: "As in Berry , in this case, given the absence of a proper instruction, the jury could have misinterpreted the model instruction and concluded, erroneously, that even if the defendant's mental illness by itself caused him to lack substantial capacity, 'because [he] had consumed [drugs] that contributed to [his] incapacity, that would render the lack of criminal responsibility defense moot.' " DiPadova , 460 Mass. at 435 -436 , 951 N.E.2d 891 , quoting Berry , 457 Mass. at 618 , 931 N.E.2d 972 . 2018Id . at 617 n.9, 931 N.E.2d 972 . 21 In DiPadova , we further stated: "As in Berry , in this case, given the absence of a proper instruction, the jury could have misinterpreted the model instruction and concluded, erroneously, that even if the defendant's mental illness by itself caused him to lack substantial capacity, 'because [he] had consumed [drugs] that contributed to [his] incapacity, that would render the lack of criminal responsibility defense moot.' " DiPadova , 460 Mass. at 435 -436 , 951 N.E.2d 891 , quoting Berry , 457 Mass. at 618 , 931 N.E.2d 972 . | 4 | 2010–2018 |
Commonwealth v. DiPadova
green
2 sentences2018Commonwealth v. DiPadova , 460 Mass. 424 , 431, 951 N.E.2d 891 (2011). 16 Contrast Commonwealth v. Mutina , 366 Mass. 810 , 811-817, 323 N.E.2d 294 (1975) (reversing conviction of murder in first degree where defendant presented "very strong evidence of his lack of criminal responsibility" consisting of, among other things, testimony of two psychiatric experts who concluded defendant's schizophrenia prevented him from conforming his conduct to law, and where prosecution failed to present "any affirmative evidence of the defendant's sanity"). 17 We similarly reject the defendant's contention th 2018Commonwealth v. DiPadova , 460 Mass. 424 , 431, 951 N.E.2d 891 (2011). 16 Contrast Commonwealth v. Mutina , 366 Mass. 810 , 811-817, 323 N.E.2d 294 (1975) (reversing conviction of murder in first degree where defendant presented "very strong evidence of his lack of criminal responsibility" consisting of, among other things, testimony of two psychiatric experts who concluded defendant's schizophrenia prevented him from conforming his conduct to law, and where prosecution failed to present "any affirmative evidence of the defendant's sanity"). 17 We similarly reject the defendant's contention th | 3 | 2017–2018 |
Commonwealth v. Durling
green
1 sentence2024This lack of criminal responsibility defense would not directly advance the Commonwealth's and probationer's joint interest in an accurate determination of the question at issue in a probation violation hearing: "whether the probationer indeed violated the conditions of . . . probation." Durling, 407 Mass. at 116 . | 1 | 2024–2024 |
Commonwealth v. Mutina
green
2 sentences2018Commonwealth v. DiPadova , 460 Mass. 424 , 431, 951 N.E.2d 891 (2011). 16 Contrast Commonwealth v. Mutina , 366 Mass. 810 , 811-817, 323 N.E.2d 294 (1975) (reversing conviction of murder in first degree where defendant presented "very strong evidence of his lack of criminal responsibility" consisting of, among other things, testimony of two psychiatric experts who concluded defendant's schizophrenia prevented him from conforming his conduct to law, and where prosecution failed to present "any affirmative evidence of the defendant's sanity"). 17 We similarly reject the defendant's contention th 2018Commonwealth v. DiPadova , 460 Mass. 424 , 431, 951 N.E.2d 891 (2011). 16 Contrast Commonwealth v. Mutina , 366 Mass. 810 , 811-817, 323 N.E.2d 294 (1975) (reversing conviction of murder in first degree where defendant presented "very strong evidence of his lack of criminal responsibility" consisting of, among other things, testimony of two psychiatric experts who concluded defendant's schizophrenia prevented him from conforming his conduct to law, and where prosecution failed to present "any affirmative evidence of the defendant's sanity"). 17 We similarly reject the defendant's contention th | 1 | 2018–2018 |
Commonwealth v. Spray
green
1 sentence2017Based on what we have said about the lack of evidentiary support for a lack of criminal responsibility defense, we are persuaded that counsel’s strategic decision was not manifestly unreasonable. “[A] decision not to pursue an insanity defense for tactical reasons ... is not tantamount to ineffective assistance of counsel.” Spray, 467 Mass. at 473 . | 1 | 2017–2017 |
Commonwealth v. Roberio
green
2 sentences2015Id. at 281 . 2015Id. at 281 . | 1 | 2015–2015 |
Commonwealth v. Wright
green
2 sentences2015The second part of the § 33E analysis requires the court to ask “whether [the] error was likely to have influenced the jury’s conclusion.” Commonwealth v. Wright, 411 Mass. at 682 . 2015The second part of the § 33E analysis requires the court to ask "whether [the] error was likely to have influenced the jury's conclusion." Commonwealth v. Wright, 411 Mass. at 682 . | 1 | 2015–2015 |
Commonwealth v. Durham
green
1 sentence2013He found support for his interpretation in this court’s language in Commonwealth v. Sliech-Brodeur, 457 Mass. 300, 318, 321 (2010) (Sliech-Brodeur), in which we stated, prior to the recent amendments, that “rule 14 (b)(2) exclusively governs pretrial discovery relating to a lack of criminal responsibility defense,” and that “the rule only authorizes a court-ordered psychiatric examination of the defendant by the Commonwealth’s expert, and nothing more.” The Commonwealth’s position, in contrast, is that rule 14 (b) (2) (B) permits pretrial discovery of a defendant’s medical and psychiatric reco | 1 | 2013–2013 |
Blaisdell v. Commonwealth
green
2 sentences2013In that case, we held that rule 14 (b) (2), “from its inception, was intended to serve as the single, self-contained, and comprehensive rule governing pretrial notice and discovery from expert witnesses concerning a lack of criminal responsibility defense.” Sliech-Brodeur, supra. Discussing Blaisdell, supra, we noted that, where a defendant intends to rely at trial on an expert’s opinion as to his or her mental state “at or about the time of the commission of the crime, the expected proffer of such expert’s testimony acts as a waiver of the defendant’s privilege to the extent that the defendan 2013In that case, we held that rule 14 (b) (2), “from its inception, was intended to serve as the single, self-contained, and comprehensive rule governing pretrial notice and discovery from expert witnesses concerning a lack of criminal responsibility defense.” Sliech-Brodeur, supra. Discussing Blaisdell, supra, we noted that, where a defendant intends to rely at trial on an expert’s opinion as to his or her mental state “at or about the time of the commission of the crime, the expected proffer of such expert’s testimony acts as a waiver of the defendant’s privilege to the extent that the defendan | 1 | 2013–2013 |
Commonwealth v. Diaz
green
1 sentence2004In Commonwealth v. Diaz, supra at 829-830 , the court extended the holding in Blaisdell , as well as the procedural safeguards, to situations where a defendant sets forth a claim of mental impair ment to negate the mens rea of the charged crime. 12 Finally, to the extent that any ambiguity remained concerning the application of Blaisdell , the court, in Commonwealth v. Contos, supra at 24 n.7, noted that the holding in the Blaisdell case “is not limited to its facts,” and that “[t]he policy justifying reciprocal discovery when the defendant places his statements and mental state in issue appli | 1 | 2004–2004 |
Commonwealth v. Contos
green
1 sentence2004In Commonwealth v. Diaz, supra at 829-830 , the court extended the holding in Blaisdell , as well as the procedural safeguards, to situations where a defendant sets forth a claim of mental impair ment to negate the mens rea of the charged crime. 12 Finally, to the extent that any ambiguity remained concerning the application of Blaisdell , the court, in Commonwealth v. Contos, supra at 24 n.7, noted that the holding in the Blaisdell case “is not limited to its facts,” and that “[t]he policy justifying reciprocal discovery when the defendant places his statements and mental state in issue appli | 1 | 2004–2004 |
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.