87 Massachusetts opinions name it 3 courts 1963–2025 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Silva-Santiagogreen2 sentences2014L. c. 278, § 33E, and conclude that they do not present any basis for relief. 10 In deciding whether to admit such evidence, a trial judge must “conduct a voir dire hearing to determine whether the third-party culprit information had been furnished to the police.” Commonwealth v. Silva-Santiago, 453 Mass. 782, 803 (2009). 11 There was evidence that the victim had previously worked at the Budweiser plant, which was close in proximity to where his body was found. 12 Defense counsel argued to the judge that, in the interview, Joe had told police that Hayes was upset at the victim for cheating on 2014In order for Bowden evidence to be admitted, however, the judge must “conduct a voir dire hearing to determine whether the third-party culprit information had been furnished to the police, and whether the probative weight of the Bowden evidence exceeded the risk of unfair prejudice to the Commonwealth from diverting the jury’s attention to collateral matters.” Silva-Santiago, supra at 803 . | 2 | 4 |
Commonwealth v. Dickersongreen2 sentences2003See Commonwealth v. Dougan, 377 Mass. 303, 316-317 (1979), quoting Commonwealth v. Dickerson, 372 Mass. 783, 789 (1977) (“Since eyewitness identification often plays a major, if not a determinative, role in the trial of criminal oifenses, and the dangers of mistaken identification are great and the result possibly tragic, defendants must be allowed to examine fully during the voir dire hearing the totality of the circumstances” [emphasis in original]). 1980In Commonwealth v. Dickerson, 372 Mass. 783, 789 (1977), and again in Commonwealth v. Dougan, 377 Mass. 303, 317 (1979), we stated that, “ [sjince eyewitness identification often plays a major, if not a determinative, role in the trial of criminal offenses, and the dangers of mistaken identification are great and the result possibly tragic, defendants must be allowed to examine fully during the voir dire hearing the totality of circumstances ...” (emphasis in original). | 2 | 3 |
Commonwealth v. Stroynygreen2 sentences2025Where a defendant did not raise the issue of the voluntariness of his statements at trial, a judge is obligated to conduct a voir dire hearing sua sponte "only where there is evidence of a substantial claim of involuntariness . . . and where voluntariness is a live issue at the trial." Commonwealth v. Stroyny, 435 Mass. 635, 646 (2002). 2023Where, as here, the defendant did not raise the issue of the voluntariness of his statements at trial, a judge is obligated to conduct a voir dire hearing sua sponte "only where there is evidence of a substantial claim of involuntariness . . . and where voluntariness is a live issue at the trial." Commonwealth v. Stroyny, 435 Mass. 635, 646 (2002). | 2 | 2 |
Commonwealth v. Kirwangreen2 sentences2025If, after conducting a voir dire hearing, the judge concludes that the statement is voluntary, "the issue of voluntariness must be submitted to the jury." Commonwealth v. Kirwan, 448 Mass. 304, 318 (2007). 2023If, after conducting a voir dire hearing, the judge concludes that the statement is voluntary, "the issue of voluntariness must be submitted to the jury." Commonwealth v. Kirwan, 448 Mass. 304, 318 (2007). | 2 | 2 |
Commonwealth v. Pavaogreen2 sentences2025If a claim of involuntariness "is not a 'live issue' at trial, there is no obligation for the judge either to conduct a voir dire, or to instruct the jury on the humane practice rule." Commonwealth v. Pavao, 46 Mass. App. Ct. 271, 274 (1999). 2023If a claim of involuntariness "is not a 'live issue' at trial, there is no obligation for the judge either to conduct a voir dire, or to instruct the jury on the humane practice rule." Commonwealth v. Pavao, 46 Mass. App. Ct. 271, 274 (1999). | 2 | 2 |
Commonwealth v. Haywoodgreen2 sentences2014See Commonwealth v. Haywood, 377 Mass. 755, 763 (1979) (cross-examination on bias not necessary where voir dire established that witness’s description of events did not change in favor of Commonwealth after charges arose against him). 1985See Commonwealth v. Haywood, supra. In such a case, a witness’s arrest record would not be probative of bias. | 2 | 2 |
Commonwealth v. Dougangreen2 sentences2003See Commonwealth v. Dougan, 377 Mass. 303, 316-317 (1979), quoting Commonwealth v. Dickerson, 372 Mass. 783, 789 (1977) (“Since eyewitness identification often plays a major, if not a determinative, role in the trial of criminal oifenses, and the dangers of mistaken identification are great and the result possibly tragic, defendants must be allowed to examine fully during the voir dire hearing the totality of the circumstances” [emphasis in original]). 1980In Commonwealth v. Dickerson, 372 Mass. 783, 789 (1977), and again in Commonwealth v. Dougan, 377 Mass. 303, 317 (1979), we stated that, “ [sjince eyewitness identification often plays a major, if not a determinative, role in the trial of criminal offenses, and the dangers of mistaken identification are great and the result possibly tragic, defendants must be allowed to examine fully during the voir dire hearing the totality of circumstances ...” (emphasis in original). | 2 | 2 |
Commonwealth v. Nunesgreen2 sentences2001The evidence presented at a voir dire hearing warranted the conclusion that the victim made the statements to Ravizee while she was still under the influence of the exciting event, see Commonwealth v. Nunes, 430 Mass. 1, 4 (1999) (“The statement itself may be taken as proof of the exciting event”); Commonwealth v. Snell, 428 Mass. 766, 777-778 , cert. denied, 527 U.S. 1010 (1999), “and in a context where she would be expected to be truthful.” Commonwealth v. Brown, supra at 696 . 1999Contrast Commonwealth v. Nunes, 430 Mass. 1, 3-4 (1999); Commonwealth v. Napolitano, 42 Mass. App. Ct. at 553 . | 2 | 2 |
Commonwealth v. Vickgreen2 sentences1981Commonwealth v. Vick, 381 Mass. 43, 46 (1980). 1981Cf. Commonwealth v. Johnston, 373 Mass. 21, 23 (1977). 7 In reaching this result, we observe that the trial judge did not have the benefit of Commonwealth v. Vick, 381 Mass. 43 (1980) , upon which we heavily rely. 8 Wainwright v. Sykes, 433 U.S. 72, 86 (1977), a habeas corpus proceeding, held that the hearing requirements of Jackson v. Denno, supra, were not constitutionally mandated in the absence of “some contemporaneous challenge to the use of the confession.” In Wainwright , at no time before or during the trial was the admissibility of any of the defendant’s statements challenged on the g | 2 | 2 |
Commonwealth v. Festagreen2 sentences1977See Commonwealth v. Festa, 369 Mass. 419, 426 , n.l (1976); Commonwealth v. Smith, 2 Mass. App. Ct. 821 (1974). 3. 1976Commonwealth v. Festa, 369 Mass. 419, 426, n.1 (1976). | 2 | 2 |
Commonwealth v. Curningreen2 sentences2003See Commonwealth v. Curnin, 409 Mass. 218 , 222 n.7 (1991); Commonwealth v. Vega, 36 Mass. App. Ct. 635, 638-639 (1994). 1997Cir. 1923), and Commonwealth v. Curnin, 409 Mass. 218 (1991). 3 On November 8, 1993, the trial judge conducted a voir dire hearing to determine the admissibility of the DNA evidence. | 1 | 3 |
Commonwealth v. Stuckichgreen2 sentences2011See Commonwealth v. Stuckich, 450 Mass. 449, 455 (2008). 2010More specifically, the defendant, relying on Commonwealth v. Stuckich, 450 Mass. 449 (2008), claims reversal is required because (1) the letter itself is the first complaint and therefore the mother’s testimony should not have been admitted; (2) the trial judge failed to hold a voir dire hearing to determine who, or what, comprised the first complaint; and (3) the trial judge erred in allowing the victim to testify that she told multiple people about the allegations. | 1 | 2 |
Frye v. United Statesred2 sentences1996At the time of the voir dire hearing, Massachusetts courts employed the test outlined in Frye v. United States, 293 F. 1013, 1014 (D.C. 1981Conclusion It is therefore the ruling of this court, based upon its findings of fact and analysis of the evidence presented, that: (1) The rule of Frye v. United States, 293 F. 1013 is not applicable to test the admissibility of hypnotically aided testimony. (2) Linda Dixon is competent to testify as a witness since she has demonstrated sufficient ability to remember and recount events known to her personally from original memory independent of the hypnotic session, that no evidence was introduced to suggest that she had any motive to lie or otherwise distort her account of the events that she | 1 | 2 |
Commonwealth v. Bryantgreen1 sentence2023Commonwealth v. Bryant, 482 Mass. 731, 735 (2019). 27 Following the defendant's motion, the judge conducted a voir dire hearing of the former boyfriend. | 1 | 1 |
Commonwealth v. Harrisgreen1 sentence2020See Commonwealth v. Harris, 371 Mass. 462, 468-469 (1976). | 1 | 1 |
Commonwealth v. Novogreen1 sentence2016Although ‘“[w]e have consistently held that lower court findings based on documentary evidence available to an appellate court are not entitled to deference,” Commonwealth v. Novo, 442 Mass. 262, 266 (2004), S.C., 449 Mass. 84 (2007), the judge’s decision in this case was based both on her viewing of the simulation itself and on witnesses’ explanations of the simulation during the voir dire hearing. | 1 | 1 |
Commonwealth v. Pytou Heanggreen1 sentence2014Cf. Commonwealth v. Pytou Heang, 458 Mass. 827, 851-852 (2011) (relevant evidence in general should be excluded if its “probative value [is] substantially outweighed by the danger of unfair prejudice or the risk of misleading the jury”); Mass. G. | 1 | 1 |
Commonwealth v. Adjutantgreen1 sentence2012See Commonwealth v. Adjutant, 443 Mass. 649, 664 (2005) (specific acts of victim’s prior violent conduct may be admitted to support defendant’s claim of self-defense). | 1 | 1 |
| Commonwealth v. Doragreen | 1 | 1 |
| Commonwealth v. Drewgreen | 1 | 1 |
| Commonwealth v. Whitegreen | 1 | 1 |
| Commonwealth v. Caldwellgreen | 1 | 1 |
| Commonwealth v. Owensgreen | 1 | 1 |
| United States v. Rowland Chester Thomasgreen | 1 | 1 |
| Commonwealth v. Lykusgreen | 1 | 1 |
| Commonwealth v. Careygreen | 1 | 1 |
| Commonwealth v. Vegagreen | 1 | 1 |
| Commonwealth v. Kanegreen | 1 | 1 |
| Commonwealth v. Shinegreen | 1 | 1 |
| Luna v. Superior Courtgreen | 1 | 1 |
| Commonwealth v. Hamiltongreen | 1 | 1 |
| Commonwealth v. Elizondogreen | 1 | 1 |
| Commonwealth v. Pentagreen | 1 | 1 |
| Laborers Pension Trust Fund for Northern California v. Imelgreen | 1 | 1 |
| Commonwealth v. Montaninogreen | 1 | 1 |
| Commonwealth v. McLaughlingreen | 1 | 1 |
| Commonwealth v. Boydgreen | 1 | 1 |
| Commonwealth v. Gordongreen | 1 | 1 |
| Giannaros v. M. S. Walker, Inc.green | 1 | 1 |
| Resendes v. Boston Edison Co.green | 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. Brown
green
2 sentences2001The evidence presented at a voir dire hearing warranted the conclusion that the victim made the statements to Ravizee while she was still under the influence of the exciting event, see Commonwealth v. Nunes, 430 Mass. 1, 4 (1999) (“The statement itself may be taken as proof of the exciting event”); Commonwealth v. Snell, 428 Mass. 766, 777-778 , cert. denied, 527 U.S. 1010 (1999), “and in a context where she would be expected to be truthful.” Commonwealth v. Brown, supra at 696 . 1999In holding that the trial judge did not err in the exercise of his discretion by excluding the statements, the court distinguished the situation from that posed in Commonwealth v. Brown, 413 Mass. 693 (1992), because there the child-declarant was still receiving treatment at the time the statement was made and was under the stress of extreme trauma and pain. | 2 | 1999–2001 |
United States v. Wade
green
2 sentences1979United States v. Wade, supra at 242 . 1972When the Commonwealth called Joseph Saba, one of the victims of the robbery, as a witness, the three defendants made oral motions for a voir dire hearing on the stated ground that such a hearing was required by the decision in United States v. Wade, 388 U. S. 218 . | 2 | 1972–1979 |
Commonwealth v. Hoose
green
2 sentences2023"Nothing presented in the voir dire hearing show[ed] that Hirsch's proposed testimony [about this type of false confession] [was] based on principles and methods that are generally accepted in the relevant scientific community or that they have otherwise been shown to be reliable or valid." The judge also considered Hoose, 467 Mass. at 413-420 , where the court affirmed the exclusion of a defendant's proffered expert testimony on false confessions in connection with interrogations. 2023In the course of doing so, the Hoose court observed that such testimony might be found sufficiently reliable to be admissible in a future case "where several of the 12 false confession factors thus far identified are present." Id. at 420 . | 1 | 2023–2023 |
Commonwealth v. Barbosa
green
1 sentence2019In Barbosa , supra at 668, 81 N.E.3d 293 , for example, a police officer was permitted to opine as to a defendant's gang affiliation where he had known the defendant for *678 many years, had repeatedly seen the defendant with gang associates "and at the address of the gang's headquarters," and had personally "observed [him] wearing ... gang colors and in the presence of ... gang leaders on multiple occasions." A voir dire hearing was conducted, outside the jury's hearing, in order to determine the basis for Merced's conclusions regarding the defendant. | 1 | 2019–2019 |
Commonwealth v. Young
green
2 sentences2019"Nothing in the statute" on which we based our decision in Young , 401 Mass. at 398 , 517 N.E.2d 130 , "requires us to limit the voir dire requirement to racial prejudice" rather than to include ethnic prejudice. 2019"Nothing in the statute" on which we based our decision in Young , 401 Mass. at 398 , 517 N.E.2d 130 , "requires us to limit the voir dire requirement to racial prejudice" rather than to include ethnic prejudice. | 1 | 2019–2019 |
Commonwealth v. Walker
green
2 sentences2019As to the request for voir dire of the older child about sexual abuse and of the younger child about viewing pornography, before being afforded a voir dire defense counsel must first demonstrate "a reasonable suspicion and a good faith basis for the inquiry." Walker , 426 Mass. at 306 , 687 N.E.2d 1246 . 2019As to the request for voir dire of the older child about sexual abuse and of the younger child about viewing pornography, before being afforded a voir dire defense counsel must first demonstrate "a reasonable suspicion and a good faith basis for the inquiry." Walker , 426 Mass. at 306 , 687 N.E.2d 1246 . | 1 | 2019–2019 |
Commonwealth v. De La Cruz
green
2 sentences2019De La Cruz , 405 Mass. at 276 , 540 N.E.2d 168 (Liacos, C.J., concurring). 2019De La Cruz , 405 Mass. at 276 , 540 N.E.2d 168 (Liacos, C.J., concurring). | 1 | 2019–2019 |
Commonwealth v. Gomes
green
1 sentence2018"A judge has discretion to exclude evidence of reputation if [she] determines that it is based on the opinions of too limited a group." Commonwealth v. Gomes , 11 Mass. App. Ct. 933 , 933 (1981). | 1 | 2018–2018 |
Commonwealth v. Tang
green
1 sentence2018Based on Andrew's testimony, the judge determined that he understood the difference between the truth and a lie, and was generally able to perceive events. 3 Because the trial judge has considerable discretion and was in the best position to assess Andrew's competency, we will not disturb her finding. 4 See Commonwealth v. Tang , 66 Mass. App. Ct. 53 , 63 (2006). | 1 | 2018–2018 |
Commonwealth v. Novo
green
1 sentence2016Although ‘“[w]e have consistently held that lower court findings based on documentary evidence available to an appellate court are not entitled to deference,” Commonwealth v. Novo, 442 Mass. 262, 266 (2004), S.C., 449 Mass. 84 (2007), the judge’s decision in this case was based both on her viewing of the simulation itself and on witnesses’ explanations of the simulation during the voir dire hearing. | 1 | 2016–2016 |
Commonwealth v. Muckle
green
1 sentence2016Id. at 639-640 . | 1 | 2016–2016 |
Commonwealth v. Brady
green
1 sentence2014As the Supreme Judicial Court noted in Commonwealth v. Brady, 380 Mass. 44 (1980): “Although we have stated that it is both prudent and desirable for a judge to make a record of facts found in a voir dire hearing on the admissibility of evidence, we have not held that unmistakable clarity mandates an absolute requirement that such a record be made. | 1 | 2014–2014 |
| Commonwealth v. Pearsall green | 1 | 2010–2010 |
| Commonwealth v. Martin green | 1 | 2006–2006 |
| Commonwealth v. King green | 1 | 2006–2006 |
| Commonwealth v. DiToro green | 1 | 2005–2005 |
| Commonwealth v. Ruffen green | 1 | 2003–2003 |
| Commonwealth v. Penta green | 1 | 2002–2002 |
| Fugah v. Meyers green | 1 | 2001–2001 |
| Commonwealth v. Snell green | 1 | 2001–2001 |
| Commonwealth v. Almeida green | 1 | 2001–2001 |
| Commonwealth v. Henson green | 1 | 2001–2001 |
| Commonwealth v. Kamara green | 1 | 1999–1999 |
| Commonwealth v. Napolitano green | 1 | 1999–1999 |
| Commonwealth v. Burnett green | 1 | 1999–1999 |
| Commonwealth v. Zagranski green | 1 | 1998–1998 |
| Commonwealth v. Fuller green | 1 | 1995–1995 |
| Schwartz v. Goldstein green | 1 | 1995–1995 |
| Commonwealth v. Curtis green | 1 | 1995–1995 |
| Coleman v. Balkcom, Warden green | 1 | 1993–1993 |
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.