judge concluded defense (Massachusetts) · Go Syfert
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judge concluded defense in Massachusetts

11 Massachusetts opinions name it 2 courts 1986–2024 1 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 (10)

CaseFollowedCited
Commonwealth v. Jonesgreen
mass · 2017 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024See Jones, 477 Mass. at 326-327 . b.

11
O'MALLEY v. Sheriff of Worcester Countygreen
mass · 1993 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016See O’Malley, 415 Mass. at 142 (plaintiffs can overcome government officials’ qualified immunity defense by showing that defendants directly participated in violating plaintiffs’ clearly established rights).

11
Commonwealth v. Adreygreen
mass · 1978 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012Cf. Commonwealth v. Adrey, supra (“It was not necessary ... for the judge to explain in addition the obvious point that the possibility of another perpetrator might create a reason able doubt”).

11
Boulter-Hedley v. Boultergreen
mass · 1999 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006The move is not in [the child’s] best interest.” When we decide whether a judge has abused her discretion, “we do not simply substitute our judgment for that of the judge, rather, we ask whether the decision in question ‘rest[s] on whimsy, caprice, or arbitrary or idiosyncratic notions.’ This standard gives great deference to a judge’s decision.” Boulter-Hedley v. Boulter, 429 Mass. 808, 811 (1999) (citation omitted).

11
Vittands v. Sudduthgreen
massappct · 2000 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002Based on the credible evidence and reasonable inferences that I draw from that evidence, I am going to extend this restraining order for a period of six months.” The elements of the tort of abuse of process are: “(1) ‘process’ was used; (2) for an ulterior or illegitimate purpose; (3) resulting in damage.” Vittands v. Sudduth, 49 Mass. App. Ct. 401, 406 (2000), quoting Kelley v. Stop & Shop Cos., 26 Mass. App. Ct. 557, 558 (1988).

11
Kelley v. Stop & Shop Companies, Inc.green
massappct · 1988 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002Based on the credible evidence and reasonable inferences that I draw from that evidence, I am going to extend this restraining order for a period of six months.” The elements of the tort of abuse of process are: “(1) ‘process’ was used; (2) for an ulterior or illegitimate purpose; (3) resulting in damage.” Vittands v. Sudduth, 49 Mass. App. Ct. 401, 406 (2000), quoting Kelley v. Stop & Shop Cos., 26 Mass. App. Ct. 557, 558 (1988).

11
Commonwealth v. Whitegreen
mass · 1991 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000Even if we were to assume that this decision was manifestly unreasonable, which we do not, see Commonwealth v. White, 409 Mass. 266, 272-273 (1991), the defendant has not demonstrated that the absence of an individual voir dire weakened his case in some significant way. 3 See Commonwealth v. Otsuki, 411 Mass. 218, 229 (1991).

11
Commonwealth v. Otsukigreen
mass · 1991 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000Even if we were to assume that this decision was manifestly unreasonable, which we do not, see Commonwealth v. White, 409 Mass. 266, 272-273 (1991), the defendant has not demonstrated that the absence of an individual voir dire weakened his case in some significant way. 3 See Commonwealth v. Otsuki, 411 Mass. 218, 229 (1991).

11
Andrewsgreen
mass · 1975 · cited in 1 Massachusetts opinions naming this issue, 1998–1998
1 sentence

1998Andrews, petitioner, 368 Mass. 468, 489 (1975).

11
Schuler v. Schulergreen
mass · 1981 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986See Schuler v. Schuler, 382 Mass. 366, 368 (1981).

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 (3)

CaseCitedYears
Don green
mass · 2001
1 sentence

2018The judge made 104 findings of fact and thirty-four conclusions of law, which "are both specific and detailed, demonstrating, as we require, that close attention was given to the evidence." Adoption of Don , 435 Mass. 158 , 165 (2001).

12018–2018
Commonwealth v. Walker green
mass · 2005
2 sentences

2015The judge drew on his experience as a trial judge in murder cases, noting in his decision that “insanity verdicts are rare, even when . . . there is strong evidence of mental illness or bizarre human conduct,” Commonwealth v. Walker, 443 Mass. 213 , 226 n.2 (2005).

2015The judge drew on his experience as a trial judge in murder cases, noting in his decision that "insanity verdicts are rare, even when . . . there is strong evidence of mental illness or bizarre human conduct," Commonwealth v. Walker, 443 Mass. 213 , 226 n.2 (2005).

12015–2015
Commonwealth v. Tolentino green
mass · 1996
1 sentence

2000The judge concluded that defense counsel did not make an adequate showing under Commonwealth v. To lentino, 422 Mass. 515 (1996), to order an evidentiary hearing on the issue of systematic exclusion.

12000–2000

Where else courts name it

MA 11 (1986–2024) NJ 2 (2001–2025)

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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