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11 Massachusetts opinions name it 2 courts 1991–2026 2 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. Lewisgreen1 sentence2023See Lewis, 465 Mass. at 132-133 , quoting Commonwealth v. Kozec, 399 Mass. 514 , 519 n.9 (1987) ("Defense counsel's improper argument does not furnish the prosecutor 'a license to indulge in improper argument'"). | 1 | 1 |
Commonwealth v. Kozecgreen1 sentence2023See Lewis, 465 Mass. at 132-133 , quoting Commonwealth v. Kozec, 399 Mass. 514 , 519 n.9 (1987) ("Defense counsel's improper argument does not furnish the prosecutor 'a license to indulge in improper argument'"). | 1 | 1 |
Honer v. Wisniewskigreen1 sentence2005Honer v. Wisniewski, 48 Mass. App. Ct. 291, 294 (1999) (“[cjourts may determine whether and under what section relief might be granted; the label attached to the motion is not dispositive”). | 1 | 1 |
Commonwealth v. Whitegreen1 sentence1993Our review of the record convinces us that his attorney’s performance was not “manifestly unreasonable,” Commonwealth v. White, 409 Mass. 266, 273 (1991), nor “measurably below that which might be expected from an ordinary fallible lawyer.” Commonwealth v. Satterfield, 373 Mass. 109 , 115 n.10 (1977). *525 To the contrary, we agree with the Commonwealth’s characterization of defense counsel’s handling of the youthful witness as one which reflected a skillful tactical choice, consistent with the over-all strategy of portraying the complainant as a “troubled, rebellious young lady, who fabricate | 1 | 1 |
Commonwealth v. Shelleygreen1 sentence1991Considering the nature of defense counsel’s own closing and the state of the evidence, the prosecutor’s characterization of the defense as having offered alternatives had a basis, and did not, in context, state a personal belief about Grimshaw’s guilt. (b) Concerning the defense’s expert on battered woman’s syndrome, the prosecutor argued, crudely: “ You know what, she’s bright enough, she’s resourceful enough, she’s a professional witness, you got the dough, I got the testimony, she’s a classic example of a hired gun . . . .” Appellate counsel for the government has sensibly conceded those re | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Broome v. Broome
green
2 sentences2018Our decision, 11 citing Buffum, observed that the characterization of the rule 33(a) liability determination as a "final judgment" "may not be correct," and that the defendant's motion for relief "may have implicated the 'good cause' standard of Mass.R.Civ.P. 55(c)." Id. at 152 . 2017Our decision, citing Buffum , observed that the characterization of the rule 33(a) liability determination as a "final judgment" "may not be correct," and that the defendant's motion for relief "may have implicated the 'good cause' standard of Mass.R.Civ.P. 55(c)." Id . at 152, 662 N.E.2d 224 . | 2 | 2017–2018 |
Commonwealth v. Awad
green
1 sentence2026The prosecutor's description of such efforts as attempts to "weaponize" the medical records added little, but was not improperly disparaging; it did not criticize counsel's "qualifications or motivations," Awad, supra. On the other hand, the prosecutor's reference to defense counsel as arguing "nonsense" was improper. | 1 | 2026–2026 |
Commonwealth v. Wilson
green
1 sentence2023"The jury are presumed to have a certain measure of sophistication in sorting out excessive claims on both sides." Wilson, supra. The prosecutor's characterization of the defense as "tinfoil-hat-wearing" reasonable doubt, on the other hand, 17 crossed the line. | 1 | 2023–2023 |
Commonwealth v. Linhares
green
1 sentence2018We rejected the defendant's characterization of his claim as jurisdictional and ruled that because he had not "properly appealed from the order allowing the motion to file a late notice of appeal or moved to dismiss the appeal, ... the matter [was] not properly before us." Id . at 822-823, 957 N.E.2d 243 . | 1 | 2018–2018 |
Commonwealth v. Zagrodny
green
1 sentence2012Commonwealth v. Zagrodny, 443 Mass. at 102 . | 1 | 2012–2012 |
Commonwealth v. Smith
green
1 sentence2012Seeing “no basis for a mistrial or even an objection,” the trial judge stated at sidebar: “Now, of course, I give instruction, as I normally do, that the jury is not to decide this case on the basis of the arguments of the attorneys and that they are arguing for a particular position and it’s up to the jury, and I will give the same sort of strong instruction in this case.” The trial judge’s refusal to give curative instructions is particularly troubling in light of the prosecutor’s characterization of the defense as a “sham,” as the Supreme Judicial Court has “said that, as to clear prejudici | 1 | 2012–2012 |
Beurklian v. Allen
green
1 sentence2006Beurklian v. Allen, supra. Similarly, under § 34M, the Legislature’s characterization of a claim by an unpaid party as an “action in contract” carries with it the principle that parties to contract actions are entitled to jury trials. | 1 | 2006–2006 |
Commonwealth v. Satterfield
green
1 sentence1993Our review of the record convinces us that his attorney’s performance was not “manifestly unreasonable,” Commonwealth v. White, 409 Mass. 266, 273 (1991), nor “measurably below that which might be expected from an ordinary fallible lawyer.” Commonwealth v. Satterfield, 373 Mass. 109 , 115 n.10 (1977). *525 To the contrary, we agree with the Commonwealth’s characterization of defense counsel’s handling of the youthful witness as one which reflected a skillful tactical choice, consistent with the over-all strategy of portraying the complainant as a “troubled, rebellious young lady, who fabricate | 1 | 1993–1993 |
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.