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13 Massachusetts opinions name it 2 courts 1997–2017 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 |
|---|---|---|
Commonwealth v. Rosadogreen2 sentences2008The circumstances of the identification in this case are similar to those in Commonwealth v. Rosado, 428 Mass. 76 (1998), in which the judge also erroneously omitted a Pressley instruction. 2008The circumstances of the identification in this case are similar to those in Commonwealth v. Rosado, 428 Mass. 76 (1998), in which the judge also erroneously omitted a Pressley instruction. | 3 | 4 |
Commonwealth v. Pressleygreen2 sentences2002A Pressley instruction is warranted “when the facts permit it and when the defendant requests it.” Commonwealth v. Pressley, 390 Mass. at 620 . 2002A Pressley instruction is warranted “when the facts permit it and when the defendant requests it.” Commonwealth v. Pressley, 390 Mass. at 620 . | 2 | 4 |
Commonwealth v. Traylorgreen2 sentences2002However, regardless of the efficacy of such an instruction, “[w]e know of no rule that requires the judge to give a Pressley instruction sua sponte, in the absence of a proper request.” Commonwealth v. Traylor, 43 Mass. App. Ct. 239, 247 (1997). 2002However, regardless of the efficacy of such an instruction, “[w]e know of no rule that requires the judge to give a Pressley instruction sua sponte, in the absence of a proper request.” Commonwealth v. Traylor, 43 Mass. App. Ct. 239, 247 (1997). | 2 | 2 |
Commonwealth v. Vardinskigreen2 sentences2012“In the absence of a request, a judge is not required to instruct the jury on ‘honest mistake.’ ” Commonwealth v. Rodriguez, 457 Mass. 461, 474 (2010), quoting from Commonwealth v. Vardinski, 438 Mass. 444, 457 (2003). 2012“In the absence of a request, a judge is not required to instruct the jury on ‘honest mistake.’ ” Commonwealth v. Rodriguez, 457 Mass. 461, 474 (2010), quoting from Commonwealth v. Vardinski, 438 Mass. 444, 457 (2003). | 1 | 1 |
Commonwealth v. Rodriguezgreen2 sentences2012“In the absence of a request, a judge is not required to instruct the jury on ‘honest mistake.’ ” Commonwealth v. Rodriguez, 457 Mass. 461, 474 (2010), quoting from Commonwealth v. Vardinski, 438 Mass. 444, 457 (2003). 2012“In the absence of a request, a judge is not required to instruct the jury on ‘honest mistake.’ ” Commonwealth v. Rodriguez, 457 Mass. 461, 474 (2010), quoting from Commonwealth v. Vardinski, 438 Mass. 444, 457 (2003). | 1 | 1 |
Commonwealth v. Cruzgreen1 sentence2009“If, after examining the testimony, you have reasonable doubt as to the accuracy of the identification, you must find the defendant not guilty.” A judge, of course, is not bound to instruct a jury using the exact language requested by a defendant, “so long as the charge, as a whole, adequately covers the issue.” Commonwealth v. DeJesus, 71 Mass. App. Ct. 799, 808 (2008), quoting Commonwealth v. Cruz, 445 Mass. 589, 587 (2005) (use of phrase “honest mistake” sufficient Pressley instruction). he judge’s original instruction on the issue of possession included the following language: “An object o | 1 | 1 |
Commonwealth v. DeJesusgreen1 sentence2009“If, after examining the testimony, you have reasonable doubt as to the accuracy of the identification, you must find the defendant not guilty.” A judge, of course, is not bound to instruct a jury using the exact language requested by a defendant, “so long as the charge, as a whole, adequately covers the issue.” Commonwealth v. DeJesus, 71 Mass. App. Ct. 799, 808 (2008), quoting Commonwealth v. Cruz, 445 Mass. 589, 587 (2005) (use of phrase “honest mistake” sufficient Pressley instruction). he judge’s original instruction on the issue of possession included the following language: “An object o | 1 | 1 |
Commonwealth v. Delonggreen1 sentence2009It has been suggested that our opinions in this area — regarding instructing the jury with respect to the possibility that a witness might honestly, but also mistakenly, identify a defendant as the perpetrator of a particular crime — are “unclear.” See Commonwealth v. Delong, 72 Mass. App. Ct. 42, 48 (2008). | 1 | 1 |
Commonwealth v. Torresgreen2 sentences2008See Commonwealth v. Torres, 420 Mass. 479, 484 (1995) (no particular form of words required for jury instruction so long as instruction given adequately explains legal concepts). 2008See Commonwealth v. Torres, 420 Mass. 479, 484 (1995) (no particular form of words required for jury instruction so long as instruction given adequately explains legal concepts). | 1 | 1 |
Commonwealth v. Spencergreen2 sentences2003See Commonwealth v. Spencer, 45 Mass. App. Ct. 33, 39 (1998); Commonwealth v. Williams, 54 Mass. App. Ct. 236, 244 (2002). 2003See Commonwealth v. Spencer, 45 Mass. App. Ct. 33, 39 (1998); Commonwealth v. Williams, 54 Mass. App. Ct. 236, 244 (2002). | 1 | 1 |
Commonwealth v. Williamsgreen2 sentences2003See Commonwealth v. Spencer, 45 Mass. App. Ct. 33, 39 (1998); Commonwealth v. Williams, 54 Mass. App. Ct. 236, 244 (2002). 2003See Commonwealth v. Spencer, 45 Mass. App. Ct. 33, 39 (1998); Commonwealth v. Williams, 54 Mass. App. Ct. 236, 244 (2002). | 1 | 1 |
Commonwealth v. Crowleygreen2 sentences2002See, e.g., Commonwealth v. Crowley, 29 Mass. App. Ct. 1, 7-8 (1990); Commonwealth v. Traylor, 43 Mass. App. Ct. 239, 247 (1997). 2002See, e.g., Commonwealth v. Crowley, 29 Mass. App. Ct. 1, 7-8 (1990); Commonwealth v. Traylor, 43 Mass. App. Ct. 239, 247 (1997). | 1 | 1 |
Commonwealth v. Odwaregreen2 sentences2002See Commonwealth v. Odware, 429 Mass. 231, 237 (1999) (failure of the judge to give a requested Pressley instruction constituted error where mistaken identification was part of the defendant’s case); Commonwealth v. Richards, ante 333, 337-338 (2001) (error for the trial judge to refuse the defendant’s proper request for a Pressley instruction). 2002See Commonwealth v. Odware, 429 Mass. 231, 237 (1999) (failure of the judge to give a requested Pressley instruction constituted error where mistaken identification was part of the defendant’s case); Commonwealth v. Richards, ante 333, 337-338 (2001) (error for the trial judge to refuse the defendant’s proper request for a Pressley instruction). | 1 | 1 |
Commonwealth v. Stoddardgreen2 sentences2002In certain circumstances, a Pressley instruction is not warranted, such as where “the parties are so well known to each other or so closely related that under sufficient lighting and with appropriate physical proximity, the identification by the [witness] is either true or the [witness] is lying.” Commonwealth v. Pressley, supra at 619 ; Commonwealth v. Stoddard, 38 Mass. App. Ct. 45, 48 (1995) (defendant not entitled to Pressley instruction where victim knew him as regular customer from numerous encounters during year and one-half period); Commonwealth v. Grace, 43 Mass. App. Ct. 905, 906-907 2002In certain circumstances, a Pressley instruction is not warranted, such as where “the parties are so well known to each other or so closely related that under sufficient lighting and with appropriate physical proximity, the identification by the [witness] is either true or the [witness] is lying.” Commonwealth v. Pressley, supra at 619 ; Commonwealth v. Stoddard, 38 Mass. App. Ct. 45, 48 (1995) (defendant not entitled to Pressley instruction where victim knew him as regular customer from numerous encounters during year and one-half period); Commonwealth v. Grace, 43 Mass. App. Ct. 905, 906-907 | 1 | 1 |
Commonwealth v. Gracegreen2 sentences2002In certain circumstances, a Pressley instruction is not warranted, such as where “the parties are so well known to each other or so closely related that under sufficient lighting and with appropriate physical proximity, the identification by the [witness] is either true or the [witness] is lying.” Commonwealth v. Pressley, supra at 619 ; Commonwealth v. Stoddard, 38 Mass. App. Ct. 45, 48 (1995) (defendant not entitled to Pressley instruction where victim knew him as regular customer from numerous encounters during year and one-half period); Commonwealth v. Grace, 43 Mass. App. Ct. 905, 906-907 2002In certain circumstances, a Pressley instruction is not warranted, such as where “the parties are so well known to each other or so closely related that under sufficient lighting and with appropriate physical proximity, the identification by the [witness] is either true or the [witness] is lying.” Commonwealth v. Pressley, supra at 619 ; Commonwealth v. Stoddard, 38 Mass. App. Ct. 45, 48 (1995) (defendant not entitled to Pressley instruction where victim knew him as regular customer from numerous encounters during year and one-half period); Commonwealth v. Grace, 43 Mass. App. Ct. 905, 906-907 | 1 | 1 |
Commonwealth v. Curtisgreen2 sentences2002See Commonwealth v. Satterfield, 373 Mass. 109, 115 (1977) (we must determine whether “better work might have accomplished something material for the defense”). “[I]f an omission of counsel does not present a substantial risk of a miscarriage of justice . . . , there is no basis for an ineffective assistance of counsel claim under either the Federal or the State Constitution.” Commonwealth v. Curtis, 417 Mass. 619 , 625 n.4 (1994). 2002See Commonwealth v. Satterfield, 373 Mass. 109, 115 (1977) (we must determine whether “better work might have accomplished something material for the defense”). “[I]f an omission of counsel does not present a substantial risk of a miscarriage of justice . . . , there is no basis for an ineffective assistance of counsel claim under either the Federal or the State Constitution.” Commonwealth v. Curtis, 417 Mass. 619 , 625 n.4 (1994). | 1 | 1 |
Commonwealth v. Satterfieldgreen2 sentences2002See Commonwealth v. Satterfield, 373 Mass. 109, 115 (1977) (we must determine whether “better work might have accomplished something material for the defense”). “[I]f an omission of counsel does not present a substantial risk of a miscarriage of justice . . . , there is no basis for an ineffective assistance of counsel claim under either the Federal or the State Constitution.” Commonwealth v. Curtis, 417 Mass. 619 , 625 n.4 (1994). 2002See Commonwealth v. Satterfield, 373 Mass. 109, 115 (1977) (we must determine whether “better work might have accomplished something material for the defense”). “[I]f an omission of counsel does not present a substantial risk of a miscarriage of justice . . . , there is no basis for an ineffective assistance of counsel claim under either the Federal or the State Constitution.” Commonwealth v. Curtis, 417 Mass. 619 , 625 n.4 (1994). | 1 | 1 |
Commonwealth v. Jonesgreen2 sentences1999See Commonwealth v. Rosado, 428 Mass. 76, 78-79 (1998) (reaffirming importance of Pressley instruction); Commonwealth v. Ashley, 427 Mass. 620, 628-629 (1998) (same); Commonwealth v. Jones, supra at 110 (same). 1999See Commonwealth v. Rosado, 428 Mass. 76, 78-79 (1998) (reaffirming importance of Pressley instruction); Commonwealth v. Ashley, 427 Mass. 620, 628-629 (1998) (same); Commonwealth v. Jones, supra at 110 (same). | 1 | 1 |
Commonwealth v. Ashleygreen2 sentences1999See Commonwealth v. Rosado, 428 Mass. 76, 78-79 (1998) (reaffirming importance of Pressley instruction); Commonwealth v. Ashley, 427 Mass. 620, 628-629 (1998) (same); Commonwealth v. Jones, supra at 110 (same). 1999See Commonwealth v. Rosado, 428 Mass. 76, 78-79 (1998) (reaffirming importance of Pressley instruction); Commonwealth v. Ashley, 427 Mass. 620, 628-629 (1998) (same); Commonwealth v. Jones, supra at 110 (same). | 1 | 1 |
Commonwealth v. Rosadogreen2 sentences1998The Appeals Court reasoned that, “we cannot know whether Esparra’s connection of the defendant with what he had earlier seen may have been a determinative factor when the jurors deliberated.” Commonwealth v. Rosado, 43 Mass. App. Ct. 381, 384 (1997). 1998The Appeals Court reasoned that, “we cannot know whether Esparra’s connection of the defendant with what he had earlier seen may have been a determinative factor when the jurors deliberated.” Commonwealth v. Rosado, 43 Mass. App. Ct. 381, 384 (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. Wellard
green
2 sentences2017In Commonwealth v. Willard , 53 Mass. App. Ct. 650 , 661 (2002), defense counsel failed to request a Pressley instruction, but nonetheless "ably targeted [the] infirmities in identification during his cross-examination of the Commonwealth's witnesses ... [and] thoroughly argued misidentification in his closing argument to the jury." Defense counsel's actions here were analogous in this regard. 2017In Commonwealth v. Willard , 53 Mass. App. Ct. 650 , 661 (2002), defense counsel failed to request a Pressley instruction, but nonetheless "ably targeted [the] infirmities in identification during his cross-examination of the Commonwealth's witnesses ... [and] thoroughly argued misidentification in his closing argument to the jury." Defense counsel's actions here were analogous in this regard. | 1 | 2017–2017 |
Commonwealth v. Flebotte
green
2 sentences1998Commonwealth v. Flebotte, supra 2 We are convinced “with fair assurance” that the jury would not have reached a different conclusion had the Pressley instruction been given. 1998Commonwealth v. Flebotte, supra 2 We are convinced “with fair assurance” that the jury would not have reached a different conclusion had the Pressley instruction been given. | 1 | 1998–1998 |
Commonwealth v. Key
green
2 sentences1997Moreover, after considering the charge as a whole, we think the identification instruction that was given “left the jury with the option [of finding] that the [witnesses were] honestly mistaken in identifying the defendant.” Commonwealth v. Key, 19 Mass. App. Ct. at 243 . 1997Moreover, after considering the charge as a whole, we think the identification instruction that was given “left the jury with the option [of finding] that the [witnesses were] honestly mistaken in identifying the defendant.” Commonwealth v. Key, 19 Mass. App. Ct. at 243 . | 1 | 1997–1997 |
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.