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11 Massachusetts opinions name it 2 courts 1982–2016 0 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. Gouldgreen2 sentences2016In his proposed jury instructions, while acknowledging that it was inconsistent with the current state of the law, defense counsel requested that, as suggested by language in Commonwealth v. Gould, 380 Mass. 672 , 686 & n.16 (1980), the jury should be instructed that they “may consider what effect, if any, the defendant’s impaired capacity had on his ability to appreciate the consequences of his choices” in relation to having acted with extreme atrocity or cruelty. 8 Before us, the defendant’s argument expands upon his request for a Gould instruction. 2016In his proposed jury instructions, while acknowledging that it was inconsistent with the current state of the law, defense counsel requested that, as suggested by language in Commonwealth v. Gould, 380 Mass. 672 , 686 & n.16 (1980), the jury should be instructed that they “may consider what effect, if any, the defendant’s impaired capacity had on his ability to appreciate the consequences of his choices” in relation to having acted with extreme atrocity or cruelty. 8 Before us, the defendant’s argument expands upon his request for a Gould instruction. | 3 | 5 |
Commonwealth v. Murphygreen2 sentences2012See Commonwealth v. Painten, 429 Mass. 536, 548 (1999), quoting Gould, supra (“judge was not required to instruct the jury that they could consider whether the defendant’s alleged intoxication affected her ability ‘to appreciate the consequences of [her] choices’ ”); Commonwealth v. Murphy, 426 Mass. 395, 400 (1998) (“we have never said that the Gould instruction must be repeated verbatim”). 2012See Commonwealth v. Painten, 429 Mass. 536, 548 (1999), quoting Gould, supra (“judge was not required to instruct the jury that they could consider whether the defendant’s alleged intoxication affected her ability ‘to appreciate the consequences of [her] choices’ ”); Commonwealth v. Murphy, 426 Mass. 395, 400 (1998) (“we have never said that the Gould instruction must be repeated verbatim”). | 3 | 3 |
Commonwealth v. Paintengreen2 sentences2012See Commonwealth v. Painten, 429 Mass. 536, 548 (1999), quoting Gould, supra (“judge was not required to instruct the jury that they could consider whether the defendant’s alleged intoxication affected her ability ‘to appreciate the consequences of [her] choices’ ”); Commonwealth v. Murphy, 426 Mass. 395, 400 (1998) (“we have never said that the Gould instruction must be repeated verbatim”). 2012See Commonwealth v. Painten, 429 Mass. 536, 548 (1999), quoting Gould, supra (“judge was not required to instruct the jury that they could consider whether the defendant’s alleged intoxication affected her ability ‘to appreciate the consequences of [her] choices’ ”); Commonwealth v. Murphy, 426 Mass. 395, 400 (1998) (“we have never said that the Gould instruction must be repeated verbatim”). | 2 | 2 |
Commonwealth v. Johnsongreen2 sentences2002See Commonwealth v. Johnson, 429 Mass. 745, 749-750 (1999). 5. 2002See Commonwealth v. Johnson, 429 Mass. 745, 749-750 (1999). 5. | 1 | 1 |
Ourfalian v. Aro Manufacturing Co.green1 sentence2000Co., 31 Mass.App.Ct. 294, 296 (1991). 1.Motion to Dismiss of the defendants' Jack Barry Gould, Gould & Gould, and Guaranty Abstract Company of Eastern Massachusetts, Inc. 3 The plaintiffs allege claims of negligence and breach of contract against the Gould defendants. | 1 | 1 |
Page v. Fraziergreen1 sentence2000Compare Page v. Frazier, 388 Mass. 55, 64-66 (1983). | 1 | 1 |
Commonwealth v. Brousseaugreen2 sentences1998Cf. Commonwealth v. Brousseau, 421 Mass. 647, 654 (1996). 4. 1998Cf. Commonwealth v. Brousseau, 421 Mass. 647, 654 (1996). 4. | 1 | 1 |
Commonwealth v. Samagreen1 sentence1997See Commonwealth v. Sama, 411 Mass. 293, 298-299 (1991). | 1 | 1 |
Commonwealth v. Adamsgreen2 sentences1983We aré likewise convinced that this abandonment of viable defenses at final argument, and the dearth of evidence showing provocation “likely deprived the defendant of an otherwise available, substantial ground of defence.” Saferian, supra. The defendant has established that a better closing argument, discussing the evidence tending to support defenses founded on McHoul and Gould “might have accomplished something material for the defense.” Commonwealth v. Adams, 374 Mass. 722, 727 (1978). 1983We aré likewise convinced that this abandonment of viable defenses at final argument, and the dearth of evidence showing provocation “likely deprived the defendant of an otherwise available, substantial ground of defence.” Saferian, supra. The defendant has established that a better closing argument, discussing the evidence tending to support defenses founded on McHoul and Gould “might have accomplished something material for the defense.” Commonwealth v. Adams, 374 Mass. 722, 727 (1978). | 1 | 1 |
Commonwealth v. Saferiangreen2 sentences1983We are satisfied that, given the evidence tending to show lack of criminal responsibility under McHoul and the evidence tending to show a Gould defense, the lawyer’s concessions at closing argument and surrender of the defendant to a somewhat opaque and poorly conceived manslaughter theory was behavior which falls “measurably below that which might be expected from an ordinary fallible lawyer.” Commonwealth v. Saferian, 366 Mass. 89, 96 (1974). 1983We are satisfied that, given the evidence tending to show lack of criminal responsibility under McHoul and the evidence tending to show a Gould defense, the lawyer’s concessions at closing argument and surrender of the defendant to a somewhat opaque and poorly conceived manslaughter theory was behavior which falls “measurably below that which might be expected from an ordinary fallible lawyer.” Commonwealth v. Saferian, 366 Mass. 89, 96 (1974). | 1 | 1 |
Commonwealth v. Perrygreen1 sentence1982Cf. Commonwealth v. Perry, 385 Mass. 639, 648-649 (1982) (request for Gould instruction denied). | 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. Cunneen
green
2 sentences2006See Commonwealth v. Painten, 429 Mass. 536, 548 (1999), quoting Gould, supra (“judge was not required to instruct the jury that they could consider whether the defendant’s alleged intoxication affected her ability ‘to appreciate the consequences of [her] choices’ ”); Commonwealth v. Murphy, 426 Mass. 395, 400 (1998) (“we have never said that the Gould instruction must be repeated verbatim”). 5 Moreover, the language in the Model Jury Instructions is consistent with our holding in Commonwealth v. Cunneen, supra, that while reduced mental capacity is relevant to the jury’s exercise of their broa 2006See Commonwealth v. Painten, 429 Mass. 536, 548 (1999), quoting Gould, supra (“judge was not required to instruct the jury that they could consider whether the defendant’s alleged intoxication affected her ability ‘to appreciate the consequences of [her] choices’ ”); Commonwealth v. Murphy, 426 Mass. 395, 400 (1998) (“we have never said that the Gould instruction must be repeated verbatim”). 5 Moreover, the language in the Model Jury Instructions is consistent with our holding in Commonwealth v. Cunneen, supra, that while reduced mental capacity is relevant to the jury’s exercise of their broa | 2 | 2006–2012 |
Commonwealth v. Oliveira
green
2 sentences2012Moreover, we have said that “the language in the Model Jury Instructions is consistent with our holding in Commonwealth v. Cunneen, supra [at 228], that while reduced mental capacity is relevant to the jury’s exercise of their broad discretion as a reflection of the community’s conscience, there is no greater mens rea required for murder by extreme atrocity or cruelty than there is for murder in the second degree, and the crime does not require that the defendant be aware that his acts were extremely cruel or atrocious.” Commonwealth v. Oliveira, supra at 848-849 . 2012Moreover, we have said that “the language in the Model Jury Instructions is consistent with our holding in Commonwealth v. Cunneen, supra [at 228], that while reduced mental capacity is relevant to the jury’s exercise of their broad discretion as a reflection of the community’s conscience, there is no greater mens rea required for murder by extreme atrocity or cruelty than there is for murder in the second degree, and the crime does not require that the defendant be aware that his acts were extremely cruel or atrocious.” Commonwealth v. Oliveira, supra at 848-849 . | 1 | 2012–2012 |
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.