set forth rule (Massachusetts) · Go Syfert
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set forth rule in Massachusetts

13 Massachusetts opinions name it 3 courts 1988–2025 4 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 (5)

CaseFollowedCited
Commonwealth v. Wheelergreen
massappct · 2001 · cited in 7 Massachusetts opinions naming this issue, 2007–2025
2 sentences

2025"Judges are to apply the standard set forth in rule 30 (b) rigorously and should only grant such a motion if the defendant comes forward with a credible reason which outweighs the risk of prejudice to the Commonwealth." Commonwealth v. Wheeler, 52 Mass. App. Ct. 631, 635-636 (2001).

2024"Judges are to apply the standard set forth in rule 30 (b) rigorously and should only grant such a motion if the defendant comes forward with a credible reason which outweighs the risk of prejudice to the Commonwealth." Wheeler, 52 Mass. App. Ct. at 635-636 .

67
Commonwealth v. DeMarcogreen
mass · 1982 · cited in 2 Massachusetts opinions naming this issue, 2024–2025
2 sentences

2025See Commonwealth v. DeMarco, 387 Mass. 481, 485-487 (1982).

2024The Commonwealth is prejudiced when "[w]itnesses may be 7 unavailable," and "evidence may . . . [be] destroyed." Commonwealth v. DeMarco, 387 Mass. 481, 485-486 (1982).

22
Commonwealth v. Fanelligreen
mass · 1992 · cited in 2 Massachusetts opinions naming this issue, 2001–2023
2 sentences

2023"Judges are to apply the standard set forth in rule 30(b) rigorously and should only grant such a motion if the defendant comes forward with a credible reason which outweighs the risk of prejudice to the Commonwealth." Commonwealth v. Wheeler, 52 Mass. App. Ct. 631, 635-636 (2001), citing, inter alia, Commonwealth v. Fanelli, 412 Mass. 497, 504 (1992).

2023See Wheeler, 52 Mass. App. Ct. at 635-636 ("Judges are to apply the standard set forth in rule. 30(b) rigorously and should only grant such a motion if the defendant comes forward with a credible reason which outweighs the risk of prejudice to the Commonwealth."), citing, inter alia, Fanelli, 412 Mass. at 504 .

22
Commonwealth v. Amiraultgreen
mass · 1997 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015Anew trial will be ordered only where the court, after “review[ing] the evidence and the case as a whole, considering the strength of the Commonwealth’s case, as well as the nature and significance” of the defendant’s asserted grounds for a new trial, is “left with uncertainly that the defendant’s guilt has been fairly adjudicated.” Commonwealth v. Chase, 433 Mass. 293, 299 (2001), citing Commonwealth v. Amirault, 424 Mass. 618, 647 (1997).

11
Commonwealth v. Chasegreen
mass · 2001 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015Anew trial will be ordered only where the court, after “review[ing] the evidence and the case as a whole, considering the strength of the Commonwealth’s case, as well as the nature and significance” of the defendant’s asserted grounds for a new trial, is “left with uncertainly that the defendant’s guilt has been fairly adjudicated.” Commonwealth v. Chase, 433 Mass. 293, 299 (2001), citing Commonwealth v. Amirault, 424 Mass. 618, 647 (1997).

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 (5)

CaseCitedYears
Ex Parte Terry green
scotus · 1888
2 sentences

2009In denying the petitioner’s writ of habeas corpus, the Court set forth the principle that “[i]f the contempt be committed in the face of the court, the offender may be instantly apprehended and imprisoned . . . without any further proof or examination.” Id. at 307 , quoting from 4 Blackstone, Commentaries 286.

2009The Court went on to state that, in contrast, summary contempt proceedings are inappropriate for “matters that arise at a distance, and of which the court cannot have so perfect a knowledge . . . .” Ibid.

12009–2009
Nix v. Whiteside green
scotus · 1986
1 sentence

2003This special duty of an attorney to prevent and disclose frauds upon the court derives from the recognition that perjury is as much a crime as tampering with witnesses or jurors by way of promises and threats, and undermines the administration of justice.” (Footnote and citation omitted.) Nix v. Whiteside, supra at 168-169 .

12003–2003
Worthington v. Scribner green
mass · 1872
1 sentence

1998In Worthington , the court set forth a privilege for communications made to a prosecutor for the purpose of securing law enforcement. 109 Mass. at 488-89 .

11998–1998
Commonwealth v. Upton green
mass · 1985
1 sentence

1991Id. at 373 .

11991–1991
Harnish v. Children's Hospital Medical Center green
mass · 1982
1 sentence

1988Medical Center, 387 Mass. 152 (1982), this court set forth the standard governing a physician’s duty to inform a patient of the risks and benefits of a course of medical treatment.

11988–1988

Where else courts name it

LA 187 (1958–2024) OH 118 (1984–2025) MS 57 (1976–2016) PA 57 (1970–2021) MI 46 (1913–2025) AL 41 (1984–2024) IL 33 (1967–2026) WV 31 (1982–2023) TX 30 (1968–2024) CA 29 (1955–2024) FL 26 (1957–2023) MD 23 (1982–2022) OK 22 (1953–2018) WI 22 (1974–2020) ID 19 (1973–2016) NJ 19 (1954–2025) AR 17 (1998–2021) CT 14 (1984–2026) MA 13 (1988–2025) TN 12 (1985–2012) MT 12 (1970–2013) KY 11 (1994–2025) IN 11 (1986–2014) NY 11 (1980–2024) AZ 10 (1944–2025) WA 9 (1967–2021) MN 9 (1978–2026) NE 8 (1975–2025) SC 8 (1957–2011) UT 8 (1986–2019) VA 7 (1991–2024) NC 7 (1970–2001) NV 7 (1975–2000) KS 7 (1991–2011) WY 7 (1988–2016) GA 6 (1920–2013) RI 6 (1986–2003) HI 6 (1998–2017) MO 5 (1983–2018) ND 5 (1975–2002) OR 5 (1993–2015) NM 4 (1970–2017) CO 3 (1993–2025) SD 2 (1993–1996) AK 2 (1987–1994) DE 2 (1999–2022)

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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