Bohannon exception (Massachusetts) · Go Syfert
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Bohannon exception in Massachusetts

10 Massachusetts opinions name it 3 courts 1988–2024 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 (8)

CaseFollowedCited
Commonwealth v. Trenholmgreen
massappct · 1982 · cited in 4 Massachusetts opinions naming this issue, 1988–2001
2 sentences

2001The Bohannon exception to the general rule barring evidence of prior false allegations is narrow, being applicable only in “unusual fact situations where justice demands.” Commonwealth v. McDonough, 400 Mass. 639, 650 (1987), quoting from Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).

2001The Bohannon exception to the general rule barring evidence of prior false allegations is narrow, being applicable only in “unusual fact situations where justice demands.” Commonwealth v. McDonough, 400 Mass. 639, 650 (1987), quoting from Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).

44
Commonwealth v. McDonoughgreen
mass · 1987 · cited in 4 Massachusetts opinions naming this issue, 1988–2001
2 sentences

2001The Bohannon exception to the general rule barring evidence of prior false allegations is narrow, being applicable only in “unusual fact situations where justice demands.” Commonwealth v. McDonough, 400 Mass. 639, 650 (1987), quoting from Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).

2001The Bohannon exception to the general rule barring evidence of prior false allegations is narrow, being applicable only in “unusual fact situations where justice demands.” Commonwealth v. McDonough, 400 Mass. 639, 650 (1987), quoting from Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).

44
Commonwealth v. Sperrazzagreen
mass · 1979 · cited in 4 Massachusetts opinions naming this issue, 1993–2005
2 sentences

2005Admissibility under the Bohannon rule requires a showing that “the witness was the victim in the case on trial, her consent was the central issue, she was the only Commonwealth witness on that issue, her testimony was inconsistent and confused, and there was a basis in independent third-party records for concluding that the prior accusations of the same type of crime had been made and were false.” Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979).

2005Admissibility under the Bohannon rule requires a showing that “the witness was the victim in the case on trial, her consent was the central issue, she was the only Commonwealth witness on that issue, her testimony was inconsistent and confused, and there was a basis in independent third-party records for concluding that the prior accusations of the same type of crime had been made and were false.” Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979).

34
Commonwealth v. LaVellegreen
mass · 1993 · cited in 3 Massachusetts opinions naming this issue, 1994–2018
2 sentences

2018Absent such a pattern, the exception does not apply." Commonwealth v. Lavelle, 414 Mass. at 152 n.4.

2018Absent such a pattern, the exception does not apply." Commonwealth v. Lavelle, 414 Mass. at 152 n.4.

23
Commonwealth v. Rathburngreen
massappct · 1988 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
2 sentences

1994For a sampling, see Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979); Commonwealth v. McDonough, 400 Mass. 639, 650-651 (1987); Commonwealth v. Lavelle, 414 Mass. 146, 151-152 (1993); Commonwealth v. Hrycenko, 417 Mass. 309, 318-319 (1994); Commonwealth v. Blair, 21 Mass. App. Ct. 625, 627-629 (1986); Commonwealth v. Hicks, 23 Mass. App. Ct. 487 (1987); Commonwealth v. Rathburn, 26 Mass. App. Ct. 699, 709-711 (1988).

1994For a sampling, see Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979); Commonwealth v. McDonough, 400 Mass. 639, 650-651 (1987); Commonwealth v. Lavelle, 414 Mass. 146, 151-152 (1993); Commonwealth v. Hrycenko, 417 Mass. 309, 318-319 (1994); Commonwealth v. Blair, 21 Mass. App. Ct. 625, 627-629 (1986); Commonwealth v. Hicks, 23 Mass. App. Ct. 487 (1987); Commonwealth v. Rathburn, 26 Mass. App. Ct. 699, 709-711 (1988).

11
Commonwealth v. Blairgreen
massappct · 1986 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
2 sentences

1994For a sampling, see Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979); Commonwealth v. McDonough, 400 Mass. 639, 650-651 (1987); Commonwealth v. Lavelle, 414 Mass. 146, 151-152 (1993); Commonwealth v. Hrycenko, 417 Mass. 309, 318-319 (1994); Commonwealth v. Blair, 21 Mass. App. Ct. 625, 627-629 (1986); Commonwealth v. Hicks, 23 Mass. App. Ct. 487 (1987); Commonwealth v. Rathburn, 26 Mass. App. Ct. 699, 709-711 (1988).

1994For a sampling, see Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979); Commonwealth v. McDonough, 400 Mass. 639, 650-651 (1987); Commonwealth v. Lavelle, 414 Mass. 146, 151-152 (1993); Commonwealth v. Hrycenko, 417 Mass. 309, 318-319 (1994); Commonwealth v. Blair, 21 Mass. App. Ct. 625, 627-629 (1986); Commonwealth v. Hicks, 23 Mass. App. Ct. 487 (1987); Commonwealth v. Rathburn, 26 Mass. App. Ct. 699, 709-711 (1988).

11
Commonwealth v. Hrycenkogreen
mass · 1994 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
2 sentences

1994For a sampling, see Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979); Commonwealth v. McDonough, 400 Mass. 639, 650-651 (1987); Commonwealth v. Lavelle, 414 Mass. 146, 151-152 (1993); Commonwealth v. Hrycenko, 417 Mass. 309, 318-319 (1994); Commonwealth v. Blair, 21 Mass. App. Ct. 625, 627-629 (1986); Commonwealth v. Hicks, 23 Mass. App. Ct. 487 (1987); Commonwealth v. Rathburn, 26 Mass. App. Ct. 699, 709-711 (1988).

1994For a sampling, see Commonwealth v. Sperrazza, 379 Mass. 166, 169 (1979); Commonwealth v. McDonough, 400 Mass. 639, 650-651 (1987); Commonwealth v. Lavelle, 414 Mass. 146, 151-152 (1993); Commonwealth v. Hrycenko, 417 Mass. 309, 318-319 (1994); Commonwealth v. Blair, 21 Mass. App. Ct. 625, 627-629 (1986); Commonwealth v. Hicks, 23 Mass. App. Ct. 487 (1987); Commonwealth v. Rathburn, 26 Mass. App. Ct. 699, 709-711 (1988).

11
Commonwealth v. Sherryred
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 1992–1992
1 sentence

1992See Sherry, supra at 696 .

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 (4)

CaseCitedYears
Commonwealth v. Hicks green
massappct · 1987
2 sentences

1988The Bohannon exception “is a narrow one . .. and is applicable only in ‘unusual fact situations where justice demands.’ ” Commonwealth v. Hicks, 23 Mass. App. Ct. at 489 , quoting from Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).

1988The Bohannon exception “is a narrow one . .. and is applicable only in ‘unusual fact situations where justice demands.’ ” Commonwealth v. Hicks, 23 Mass. App. Ct. at 489 , quoting from Commonwealth v. Trenholm, 14 Mass. App. Ct. 1038, 1039 (1982).

31988–1998
Commonwealth v. Bohannon green
mass · 1978
2 sentences

2024I write separately, however, to propose an end to the Bohannon rule, as outlined in Commonwealth v. Bohannon, 376 Mass. 90 (1978) (Bohannon I), S.C., 385 Mass. 733 (1982) (Bohannon II) (collectively, Bohannon).1 Typically, "specific instances of misconduct showing the witness to be untruthful are not admissible for the purpose of attacking or supporting the witness's credibility." Mass. G.

1994Following the opinion in Commonwealth v. Bohannon, 376 Mass. 90 (1978), there has been a long line of decisions explaining why, in the circumstances of each, the Bohannon rule was not applicable.

21994–2024
Commonwealth v. Nichols green
massappct · 1994
2 sentences

2024While the Bohannon rule has only appeared in a limited number of published rape and sexual assault cases, see Bohannon and Commonwealth v. Nichols, 37 Mass. App. Ct. 332 (1994), the problematic origin of the rule requires that the court reexamine whether to continue its use.

2024While the Bohannon rule has only appeared in a limited number of published rape and sexual assault cases, see Bohannon and Commonwealth v. Nichols, 37 Mass. App. Ct. 332 (1994), the problematic origin of the rule requires that the court reexamine whether to continue its use.

12024–2024
Commonwealth v. Bohannon green
mass · 1982
1 sentence

2024I write separately, however, to propose an end to the Bohannon rule, as outlined in Commonwealth v. Bohannon, 376 Mass. 90 (1978) (Bohannon I), S.C., 385 Mass. 733 (1982) (Bohannon II) (collectively, Bohannon).1 Typically, "specific instances of misconduct showing the witness to be untruthful are not admissible for the purpose of attacking or supporting the witness's credibility." Mass. G.

12024–2024

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 233, § 21B (4)

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.

Where else courts name it

MA 10 (1988–2024) GA 3 (1993–2014)

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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