12 Massachusetts opinions name it 2 courts 1974–2026 5 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. Tavaresgreen2 sentences2023On appeal, the defendant maintains that instead of responding with these instructions, the judge sua sponte should have instructed the jury that the defendant took a breathalyzer test, but "for reasons the jury may not speculate about, the result is not before them." The defendant further invites us to give "future similarly situated defendants" the option of requesting the instruction he suggests. 13 We also note that during the jury charge conference, the judge asked defense counsel if she was requesting any jury instructions on FSTs, and defense counsel responded in the negative. "[I]n the 2023On appeal, the defendant maintains that instead of responding with these instructions, the judge sua sponte should have instructed the jury that the defendant took a breathalyzer test, but "for reasons the jury may not speculate about, the result is not before them." The defendant further invites us to give "future similarly situated defendants" the option of requesting the instruction he suggests. 13 We also note that during the jury charge conference, the judge asked defense counsel if she was requesting any jury instructions on FSTs, and defense counsel responded in the negative. "[I]n the | 2 | 2 |
Commonwealth v. Pickeringgreen1 sentence2026See Pickering, 479 Mass. at 590 . 4 We note that the Commonwealth disputes the defendant's claim that he did not receive notice of the screenshots prior to the hearing. | 1 | 1 |
Commonwealth v. Fritzgreen1 sentence2025See Commonwealth v. Fritz, 472 Mass. 341, 347 (2015) ("The defendant's express consent or personal waiver [to be at sidebar for jury selection] was not 5 required").2 The voir dire procedure was not error and did not violate the defendant's constitutional or other rights. | 1 | 1 |
Commonwealth v. Gillgreen1 sentence2023See Commonwealth v. Gill, 37 Mass. App. Ct. 457 , 464 n.5 (1994). | 1 | 1 |
Commonwealth v. Smithgreen1 sentence2010Compare Commonwealth v. Smith, 449 Mass. 12, 17 (2007) (concluding defendant failed to preserve claimed error in jury instructions where trial transcript indicated counsel submitted written requests for instructions, but requests were not filed with court clerk and docketed, and not discussed with detail at charge conference). b. | 1 | 1 |
Commonwealth v. Bowdengreen1 sentence2005The judge asked defense counsel if he was going to present any witnesses to testify on this subject, to which defense counsel responded, “Well, I don’t think we can get into, Judge, whether or not this fellow, the Dominican, Raoul, did it, but I think it goes — this isn’t my only focus — into the Bowden type instruction.” See Commonwealth v. Bowden, 379 Mass. 472, 485-486 (1980) (failure of, authorities to conduct certain tests or produce certain evidence “permissible ground on which to build a defense in the circumstances”). | 1 | 1 |
Commonwealth v. Festagreen1 sentence1981See Commonwealth v. Festa, 369 Mass. 419, 423 (1976). | 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. Sheriff
green
1 sentence2001In any event, “[a]n incriminating response includes any response, inculpatory or exculpatory, which the prosecution might seek to use against the suspect at trial.” 4 Commonwealth v. Sheriff, 425 Mass. 186 , 199 n.15 (1997). | 1 | 2001–2001 |
Commonwealth v. Grey
green
1 sentence1992Commonwealth v. Grey, 399 Mass. 469 , 470 n.l (1987). 2 When the judge asked defense counsel for his reaction to the prosecutor’s statement, counsel said that the prosecutor’s cases were old and that “the bulk of the later ones, talk about serious grievous bodily harm. ... | 1 | 1992–1992 |
Commonwealth v. Sanders
green
2 sentences1983The judge asked defense counsel whether she had “any evidence of any potential racial issue here, other than the fact that the defendant happens to be black and the alleged victim happens to be white.” Counsel referred to Commonwealth v. Sanders, 383 Mass. 637 (1981), which held as matter of law that such inquiry was required in future interracial rape trials, and to allegations in her own affidavit, “of some issues of physical force . . . against the victim.” 3 The trial judge denied the motion, concluding that interrogation was not constitutionally required as the defendant was not a “specia 1983The judge asked defense counsel whether she had "any evidence of any potential racial issue here, other than the fact that the defendant happens to be black and the alleged victim happens to be white." Counsel referred to Commonwealth v. Sanders, 383 Mass. 637 (1981), which held as matter of law that such inquiry was required in future interracial rape trials, and to allegations in her own affidavit, "of some issues of physical force ... against the victim." [3] The trial judge denied the motion, concluding that interrogation was not constitutionally required as the defendant was not a "specia | 1 | 1983–1983 |
Commonwealth v. Ross
green
2 sentences1983The judge asked defense counsel whether she had “any evidence of any potential racial issue here, other than the fact that the defendant happens to be black and the alleged victim happens to be white.” Counsel referred to Commonwealth v. Sanders, 383 Mass. 637 (1981), which held as matter of law that such inquiry was required in future interracial rape trials, and to allegations in her own affidavit, “of some issues of physical force . . . against the victim.” 3 The trial judge denied the motion, concluding that interrogation was not constitutionally required as the defendant was not a “specia 1983The judge asked defense counsel whether she had "any evidence of any potential racial issue here, other than the fact that the defendant happens to be black and the alleged victim happens to be white." Counsel referred to Commonwealth v. Sanders, 383 Mass. 637 (1981), which held as matter of law that such inquiry was required in future interracial rape trials, and to allegations in her own affidavit, "of some issues of physical force ... against the victim." [3] The trial judge denied the motion, concluding that interrogation was not constitutionally required as the defendant was not a "specia | 1 | 1983–1983 |
Ross v. Massachusetts
green
1 sentence1983The judge asked defense counsel whether she had “any evidence of any potential racial issue here, other than the fact that the defendant happens to be black and the alleged victim happens to be white.” Counsel referred to Commonwealth v. Sanders, 383 Mass. 637 (1981), which held as matter of law that such inquiry was required in future interracial rape trials, and to allegations in her own affidavit, “of some issues of physical force . . . against the victim.” 3 The trial judge denied the motion, concluding that interrogation was not constitutionally required as the defendant was not a “specia | 1 | 1983–1983 |
Ross v. Ristaino
neutral
2 sentences1983Ross v. Ristaino, 388 F.Supp. 99 (D. 1983Ross v. Ristaino, 388 F. Supp. 99 (D. | 1 | 1983–1983 |
Commonwealth v. Mendes
green
1 sentence1974Here, the judge asked defense counsel if he wanted to make an offer of proof and counsel declined to do so. 5 The defendant’s reliance on Commonwealth v. Mendes, 361 Mass. 507 (1972), is misplaced. | 1 | 1974–1974 |
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.