11 Massachusetts opinions name it 2 courts 1980–2023 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. Harrisgreen2 sentences1980Furthermore, the sua sponte requirement of Harris, supra, was not intended to force continued inquiry into voluntariness once defense counsel has concluded, as defense counsel indicated here by his testimony at the hearing on the motion for new trial, that voluntariness is no longer a live issue. 1980Furthermore, the sua sponte requirement of Harris, supra, was not intended to force continued inquiry into voluntariness once defense counsel has concluded, as defense counsel indicated here by his testimony at the hearing on the motion for new trial, that voluntariness is no longer a live issue. | 1 | 2 |
Commonwealth v. Murphygreen1 sentence2023Cf. Commonwealth v. Murphy, 426 Mass. 395, 398 (1998) ("We have reversed a conviction because of the absence of a sua sponte inquiry only where there is a claim of involuntariness far more substantial than this"). 2. | 1 | 1 |
Commonwealth v. Cruzgreen1 sentence2020The Commonwealth argues that the defendant was not entitled to a sua sponte instruction; the Commonwealth requested the instruction -- not the defendant -- and the defendant did not object to the judge's denial of this request.29 In Commonwealth v. Cruz, 416 Mass. 27, 30 (1993), this court held that when evidence is presented at a criminal trial tending to show the defendant's consciousness of guilt, the judge, on his or her own initiative, is required to instruct the 29The Commonwealth also claims it "ended up not arguing consciousness of guilt" in its closing, but the transcripts show otherw | 1 | 1 |
Commonwealth v. O'CONNORgreen1 sentence2005See Commonwealth v. O’Connor, 407 Mass. 663, 668-669 (1990). | 1 | 1 |
Commonwealth v. Hillgreen2 sentences2003While the judge is sometimes required to conduct a sua sponte inquiry into a defendant’s competence, see Commonwealth v. Hill, 375 Mass. 50, 54 (1978), that requirement arises only if there exists a “substantial question of possible doubt” as to that competence. 2003Id., quoting Rhay v. White, 385 F.2d 883, 886 (9th Cir. 1967). | 1 | 1 |
Commonwealth v. Rodriguezgreen1 sentence2003See Commonwealth v. Rodriguez, 431 Mass. 804, 808 (2000); Commonwealth v. Calderon, 431 Mass. 21, 25 (2000); Commonwealth v. Curtiss, 424 Mass. 78 , 81- 82 (1997). | 1 | 1 |
Commonwealth v. Calderongreen1 sentence2003See Commonwealth v. Rodriguez, 431 Mass. 804, 808 (2000); Commonwealth v. Calderon, 431 Mass. 21, 25 (2000); Commonwealth v. Curtiss, 424 Mass. 78 , 81- 82 (1997). | 1 | 1 |
B. J. Rhay, Superintendent, Washington State Penitentiary v. Don Anthony Whitegreen1 sentence2003Id., quoting Rhay v. White, 385 F.2d 883, 886 (9th Cir. 1967). | 1 | 1 |
Kentucky v. Stincergreen1 sentence1997See Kentucky v. Stincer, 482 U.S. at 743 (“appellate courts reviewing a trial judge’s determination of competency also often will look at the full testimony at trial”). | 1 | 1 |
Commonwealth v. Podlaskigreen2 sentences1980See Commonwealth v. Podlaski, supra at 343 n.4. 1980See Commonwealth v. Podlaski, supra at 343 n. 4. | 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. Perl
green
1 sentence2023A participant's fear on general principles of being harmed by other drug dealers does not, however, require a sua sponte instruction on duress. 5 resources to avoid committing a serious crime, provided those resources reasonably may be relied upon in the circumstances to protect him and any other threatened person." Perl, supra at 450 . | 1 | 2023–2023 |
Commonwealth v. Soares
green
1 sentence2009Once the prima facie case of discrimination has been made, the proponent of the peremptory challenge must provide an explanation that “pertain[s] to the individual qualities of the prospective juror and not to that juror’s group association.” Commonwealth v. Soares, supra at 491 . | 1 | 2009–2009 |
Commonwealth v. Maldonado
green
1 sentence2009When “the judge initiates a sua sponte inquiry into the justification for the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of discrimination has been made.” Id. at 463 n.5. | 1 | 2009–2009 |
Commonwealth v. Curtiss
green
1 sentence2003See Commonwealth v. Rodriguez, 431 Mass. 804, 808 (2000); Commonwealth v. Calderon, 431 Mass. 21, 25 (2000); Commonwealth v. Curtiss, 424 Mass. 78 , 81- 82 (1997). | 1 | 2003–2003 |
Commonwealth v. Vazquez
green
1 sentence2002By analogy, courts have excluded “statements by individuals suffering from mental illness if the disease rendered the individual incapable of understanding the meaning and effect of a confession or caused the individual to be indifferent to self-protection.” Commonwealth v. Vazquez, 387 Mass. 96 , 100 n.8 (1982). | 1 | 2002–2002 |
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.