14 Massachusetts opinions name it 3 courts 1960–2025 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Gomesgreen1 sentence2015L. c. 268, § 32B. 2 ’ 3 On appeal, the defendant claims that he is entitled to a new trial because (1) the judge abused her discretion in denying the defendant’s requested cross-racial and cross-ethnic eyewitness identification jury instruction where two of the three eyewitnesses were “Caucasian” and the defendant was a “dark-skinned Hispanic of Dominican descent”; (2) the admission of three in-court eyewitness identifications created a substantial risk of a miscarriage of justice where it was the first time any of them had formally identified the defendant; 4 and (3) the judge committed preju | 1 | 1 |
Commonwealth v. Rodriguezgreen1 sentence2005See Commonwealth v. Cryer, 426 Mass. 562, 572 (1998); Commonwealth v. Rodriguez, 425 Mass. 361, 369 (1997) ; Commonwealth v. Grenier, 415 Mass. 680, 687-688 (1993). | 1 | 1 |
Commonwealth v. Cryergreen1 sentence2005See Commonwealth v. Cryer, 426 Mass. 562, 572 (1998); Commonwealth v. Rodriguez, 425 Mass. 361, 369 (1997) ; Commonwealth v. Grenier, 415 Mass. 680, 687-688 (1993). | 1 | 1 |
Commonwealth v. Greniergreen1 sentence2005See Commonwealth v. Cryer, 426 Mass. 562, 572 (1998); Commonwealth v. Rodriguez, 425 Mass. 361, 369 (1997) ; Commonwealth v. Grenier, 415 Mass. 680, 687-688 (1993). | 1 | 1 |
Commonwealth v. Piercegreen1 sentence2001Involuntary manslaughter is an unlawful homicide (1) where wanton and reckless conduct causes death, or (2) where an unintentional killing “result[s] from a battery not amounting to a felony which the defendant knew or should have known endangered human life.” Commonwealth v. Fryar, 425 Mass. 237, 248 , cert. denied, 522 U.S. 1033 (1997), quoting Commonwealth v. Pierce, 419 Mass. 28, 33 (1994). | 1 | 1 |
Commonwealth v. Buielgreen1 sentence1995The defendant relies on Commonwealth v. Buiel, 391 Mass. 744, 745 (1984), in which we held that, “when a defendant seasonably requests that the jury not be instructed concerning the defendant’s right not to testify, the judge must accede to that request.” Buiel does not support the proposition that a trial judge commits reversible error by instructing the jury on the defendant’s right not to testify when a defendant makes no request that the judge not give such an instruction. | 1 | 1 |
Commonwealth v. Cartagenagreen1 sentence1994The judge committed prejudicial error in admitting a hearsay statement of an alleged joint venturer or coconspirator to prove a common criminal enterprise where there was not “sufficient nonhearsay evidence to establish ‘an adequate probability’ that the declarant and the defendant were engaged in the criminal enterprise.” Commonwealth v. Cartagena, 32 Mass. App. Ct. 141, 143-144 (1992), quoting from Commonwealth v. White, 370 Mass. 703 , 709 n.7 (1976). | 1 | 1 |
Commonwealth v. Bongarzonegreen1 sentence1994For such a statement to be admissible, “[a]n adequate probability of the existence of the common venture, including participation by the given defendant, [must] be established as a preliminary matter.” Commonwealth v. Bongarzone, 390 Mass. 326, 340 (1983), quoting from Commonwealth v. White, supra. Here, there was nothing whatever to indicate any role by the defendant in the later criminal endeavor except for the hearsay statement itself. | 1 | 1 |
Commonwealth v. Howellgreen1 sentence1984As the defendants failed to object to this part of the judge’s charge, “the sole question ... is whether the charge as given created ‘a substantial risk of a miscarriage of justice.’” Commonwealth v. Howell, 386 Mass. 738, 739 (1982). | 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. King
green
1 sentence2025Even 2 We note that the model instruction, taken from King, 445 Mass. at 247-248 , appears to contemplate that the instruction will be given in relation to the first complaint witness, not the victim. 11 assuming error, it was nonprejudicial. | 1 | 2025–2025 |
Commonwealth v. Martin
green
1 sentence2004However, the defendant’s argument is without merit, as Commonwealth v. Martin, supra, requires only that “[t]he privilege must be asserted with respect to particular questions, and the possible incriminatory potential of each proposed question, or area” which may be explored must be considered (emphasis added). | 1 | 2004–2004 |
Commonwealth v. Daggett
green
1 sentence2003Commonwealth v. Daggett, 416 Mass. 347 , 352 n.5 (1993). | 1 | 2003–2003 |
Commonwealth v. Gregory
green
1 sentence2002As in Commonwealth v. Gregory, supra at 443 , the defendant has “failed to demonstrate that [he has] suffered any adverse consequences from the Commonwealth’s delay in disclosing evidence.” The defendant contends that the judge committed prejudicial error by preventing a reading of Tina’s statements at the trial. | 1 | 2002–2002 |
Thomas v. United States
green
1 sentence2001Involuntary manslaughter is an unlawful homicide (1) where wanton and reckless conduct causes death, or (2) where an unintentional killing “result[s] from a battery not amounting to a felony which the defendant knew or should have known endangered human life.” Commonwealth v. Fryar, 425 Mass. 237, 248 , cert. denied, 522 U.S. 1033 (1997), quoting Commonwealth v. Pierce, 419 Mass. 28, 33 (1994). | 1 | 2001–2001 |
Commonwealth v. Fryar
green
1 sentence2001Involuntary manslaughter is an unlawful homicide (1) where wanton and reckless conduct causes death, or (2) where an unintentional killing “result[s] from a battery not amounting to a felony which the defendant knew or should have known endangered human life.” Commonwealth v. Fryar, 425 Mass. 237, 248 , cert. denied, 522 U.S. 1033 (1997), quoting Commonwealth v. Pierce, 419 Mass. 28, 33 (1994). | 1 | 2001–2001 |
Commonwealth v. White
green
2 sentences1994The judge committed prejudicial error in admitting a hearsay statement of an alleged joint venturer or coconspirator to prove a common criminal enterprise where there was not “sufficient nonhearsay evidence to establish ‘an adequate probability’ that the declarant and the defendant were engaged in the criminal enterprise.” Commonwealth v. Cartagena, 32 Mass. App. Ct. 141, 143-144 (1992), quoting from Commonwealth v. White, 370 Mass. 703 , 709 n.7 (1976). 1994For such a statement to be admissible, “[a]n adequate probability of the existence of the common venture, including participation by the given defendant, [must] be established as a preliminary matter.” Commonwealth v. Bongarzone, 390 Mass. 326, 340 (1983), quoting from Commonwealth v. White, supra. Here, there was nothing whatever to indicate any role by the defendant in the later criminal endeavor except for the hearsay statement itself. | 1 | 1994–1994 |
Commonwealth v. Bergstrom
green
1 sentence1993Two years before the trial of this case, the Supreme Judicial Court decided Commonwealth v. Bergstrom, 402 Mass. 534 (1988). | 1 | 1993–1993 |
Commonwealth v. Gomes
green
1 sentence1991We agree with Arthur that the judge committed prejudicial error in refusing to admit evidence of Lisa’s reputation for lying and exaggerating from two of Lisa’s female eighth grade classmates. *179 The judge stated that the voir dire of the first witness 2 had not provided a sufficient foundation for reputation testimony because defense counsel had not complied with Commonwealth v. Gomes, 11 Mass. App. Ct. 933 (1981); had not established what community the witness was talking about; and had only produced specific instances of lying rather than general reputation evidence. | 1 | 1991–1991 |
Commonwealth v. Sanders
green
2 sentences1987Commonwealth v. Sanders, supra, was an interracial rape case. 4 Here, the record shows that the trial judge was thoroughly familiar with that decision. 1987Commonwealth v. Sanders, supra , was an interracial rape case. [4] Here, the record shows that the trial judge was thoroughly familiar with that decision. | 1 | 1987–1987 |
Mogul v. Boston Acceptance Co. Inc.
green
1 sentence1960From a reading of the cases of Mogul v. Boston Acceptance Co., 328 Mass. 424 ; Clark v. A. & J. | 1 | 1960–1960 |
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.