sentence rule (Massachusetts) · Go Syfert
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sentence rule in Massachusetts

13 Massachusetts opinions name it 3 courts 1988–2025 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.

Followed or applied (6)

CaseFollowedCited
Commonwealth v. Selavkagreen
mass · 2014 · cited in 2 Massachusetts opinions naming this issue, 2018–2018
2 sentences

2018In any event, "[o]rdinarily, reasonable additions to the conditions of a defendant's probation do not constitute the revision or revocation of a sentence under rule 29(a)." Selavka , 469 Mass. at 511 .

2018See Selavka , supra at 513-514, 14 N.E.3d 933 .

12
United States v. Coatesgreen
nysd · 1990 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
1 sentence

2017Given the result we reach, we need not resolve the defendant’s alternate argument that the statute imposes strict liability only for school zone violations, and not for violations near parks or playgrounds. 3 In discussing a hypothetical example of an impermissible, overbroad application, we pointed to United States v. Coates, 739 F. Supp. 146, 152-153 (S.D.N.Y. 1990).

11
Commonwealth v. Johnsongreen
mass · 2011 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
1 sentence

2013See Commonwealth v. Johnson, 461 Mass. 44 , 54 n.11 (2011).

11
Baglioni v. Chief of Policegreen
mass · 1995 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012Cf. Commonwealth v. Cheney, 440 Mass. 568, 574 (2003) (“judicial power does not extend to authorize a judge to dismiss an otherwise legally adequate indictment, prior to verdict, finding, or plea” over Commonwealth’s objection); Baglioni v. Chief of Police of Salem, 421 Mass. 229, 232-233 (1995) (“judge may not nol pros a criminal charge or reduce such a charge without the consent of the prosecutor”).

11
Commonwealth v. Cheneygreen
mass · 2003 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012Cf. Commonwealth v. Cheney, 440 Mass. 568, 574 (2003) (“judicial power does not extend to authorize a judge to dismiss an otherwise legally adequate indictment, prior to verdict, finding, or plea” over Commonwealth’s objection); Baglioni v. Chief of Police of Salem, 421 Mass. 229, 232-233 (1995) (“judge may not nol pros a criminal charge or reduce such a charge without the consent of the prosecutor”).

11
Oleson v. Kmart Corp.green
ksd · 1997 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002See Oleson v. Kmart Corp., 175 F.R.D. 560, 564 (D.Kansas 1997) (“To rely on Fed.R.Civ.P. 33(d), the responding party must specifically identify which documents contain the requested information in its answer to the interrogatory”); Calhoun v. Liberty Northwest Ins.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
COMMONWEALTH v. NICHOLAS J. MINON. green
massappct · 2023
1 sentence

2025Id.

12025–2025
Commonwealth v. Stubbs green
massappct · 1983
1 sentence

2019The defendant contended that this procedure was a proper way to remedy ineffective assistance in a sentencing proceeding, citing Commonwealth v. Stubbs , 15 Mass. App. Ct. 955 (1983).

12019–2019
Commonwealth v. Jones green
massappct · 2008
1 sentence

2018These statements were made in proper consideration of "the circumstances attending the crime's commission," Commonwealth v. Jones , 71 Mass. App. Ct. 568 , 576 (2008), on the basis that the defendant was responsible "for an extremely dangerous situation" even though he was not the shooter.

12018–2018
Commonwealth v. Porro green
mass · 2010
2 sentences

2018He does not appeal from that conviction, and it is not before us. 5 General Laws c. 269, § 10 ( n ), provides, in its entirety: "Whoever violates paragraph ( a ) or paragraph ( c ), by means of a loaded firearm, loaded sawed off shotgun or loaded machine gun shall be further punished by imprisonment in the house of correction for not more than [two and one-half] years, which sentence shall begin from and after the expiration of the sentence for the violation of paragraph ( a ) or paragraph ( c )." 6 In Commonwealth v. Porro , 458 Mass. 526 , 532, 939 N.E.2d 1157 (2010), we noted that there are

2018He does not appeal from that conviction, and it is not before us. 5 General Laws c. 269, § 10 ( n ), provides, in its entirety: "Whoever violates paragraph ( a ) or paragraph ( c ), by means of a loaded firearm, loaded sawed off shotgun or loaded machine gun shall be further punished by imprisonment in the house of correction for not more than [two and one-half] years, which sentence shall begin from and after the expiration of the sentence for the violation of paragraph ( a ) or paragraph ( c )." 6 In Commonwealth v. Porro , 458 Mass. 526 , 532, 939 N.E.2d 1157 (2010), we noted that there are

12018–2018
Commonwealth v. Lampron green
mass · 2004
1 sentence

2006Lampron, supra at 268-270 . 22 Lampron also addressed for the first time the standard that a party must satisfy before a judge orders the issuance of a rule 17 (a) (2) summons before trial.

12006–2006
Henschel v. Commissioner of Correction green
mass · 1975
1 sentence

2002Kinney clearly stated that one on escape is no longer serving a sentence and therefore the rule of Henschel v. Commissioner of Correction, 368 Mass. 130 (1975) — that unless otherwise specified, new sentences are presumed to run concurrently with sentences currently being served — did not apply to Kinney or similarly situated prisoners.

12002–2002
Commonwealth v. Tarrant green
massappct · 1982
1 sentence

1988A separate sentence may be imposed for conviction of the substantive offense of larceny (Indictment No. 3636, see note 1, supra) in addition to a sentence for a violation of G.

11988–1988

Where else courts name it

AL 132 (1890–2025) TN 106 (1976–2025) OH 95 (1992–2026) PA 93 (1919–2026) IL 92 (1909–2026) CA 84 (1898–2026) FL 72 (1947–2016) IN 64 (1880–2020) NC 38 (1796–2025) WA 37 (1918–2025) TX 34 (1927–2024) LA 33 (1917–2018) SC 33 (1975–2025) AZ 26 (1963–2024) MS 24 (1969–2018) GA 23 (1917–2021) NE 21 (1904–2021) NY 20 (1848–2023) MI 17 (1977–2023) IA 17 (1899–2021) MN 17 (1987–2025) KS 14 (1916–2025) NJ 14 (1951–2021) MA 13 (1988–2025) ID 12 (1971–2024) RI 12 (1977–2017) OR 12 (1917–2026) MT 12 (1923–2021) MO 11 (1905–2020) MD 11 (1973–2020) CO 11 (1910–2025) CT 11 (1943–2023) WI 9 (1964–2008) NH 8 (1976–2013) SD 7 (1989–2015) AK 7 (1969–2024) UT 6 (2006–2015) NM 6 (1960–2020) OK 5 (1969–2021) ME 5 (1982–2026) KY 5 (1925–2024) AR 5 (1977–1987) HI 4 (1999–2018) DE 3 (1942–2022) WY 3 (1935–1997) NV 3 (2014–2020) VA 2 (1946–2025) VI 2 (2014–2017) ND 2 (2006–2020)

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.

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