10 Massachusetts opinions name it 3 courts 1942–2025 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Barbosagreen2 sentences2015See Barbosa, 457 Mass. at 785-786 . 2014Barbosa, 457 Mass. at 785-786 . | 1 | 2 |
Commonwealth v. Lamontagnegreen1 sentence2025"A defendant cannot challenge the admission of such testimony on appeal when he was the one to elicit it at trial." 5 In his reply brief, the defendant asserts that Commonwealth v. Lamontagne, 42 Mass. App. Ct. 213, 217 (1997), imposes an independent duty on the trial judge to conduct a competency hearing, sua sponte, when testimonial inconsistencies raise doubts about the competency of a given witness. | 1 | 1 |
Commonwealth v. Keogreen1 sentence2017Cf. Commonwealth v. Keo, 467 Mass. 25, 33 (2014) (admission of testimony on another defendant's state of mind not prejudicial when it supported defendant's theory of case). 4. | 1 | 1 |
Commonwealth v. Monicogreen2 sentences2015The defendant was entitled to such an instruction if “any view of the evidence would provide support for an affirmative defense.” Commonwealth v. Monico, 373 Mass. 298, 299 (1977). 2015The defendant was entitled to such an instruction if "any view of the evidence would provide support for an affirmative defense." Commonwealth v. Monico, 373 Mass. 298, 299 (1977). | 1 | 1 |
Commonwealth v. Lendergreen1 sentence2014See Commonwealth v. Lender, supra. The evidence that the defendant claims should have been suppressed was immaterial to that charge, and its admission was harmless. | 1 | 1 |
Commonwealth v. Spencegreen1 sentence2001See Commonwealth v. Spence, 38 Mass. App. Ct. 88, 89-90 (1995) (although testimony was too stale to be admitted as fresh complaint, defendant waived any objection at trial where he used it to strengthen his argument that victim had fabricated her story). | 1 | 1 |
Commonwealth v. Curtisgreen1 sentence2000See Commonwealth v. Curtis, 417 Mass. 619 , 625 n.4 (1994). a. | 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. McGowan
green
1 sentence2025"We need not pass on grounds for reversal raised for the first time in a reply brief." Commonwealth v. McGowan, 400 Mass. 385 , 390 n.4 (1987). | 1 | 2025–2025 |
Commonwealth v. O'CONNOR
green
1 sentence2015In our view, there was a sufficient basis on which the jury could have concluded that the defendant served an in loco parentis role.9 See O'Connor, 407 Mass. at 668 , citing with apparent approval Gribble v. Gribble, 583 P.2d 64, 66 , and see 65-68 (Utah 1978) (where the former stepfather had "lived with the child from the time he was two months old . . . and . . . the child . . . had no contact with his biological father," a hearing was required to determine whether an in loco parentis relationship existed entitling the stepfather to visitation rights).10 Any doubt as to whether the defendant | 1 | 2015–2015 |
Gribble v. Gribble
green
1 sentence2015In our view, there was a sufficient basis on which the jury could have concluded that the defendant served an in loco parentis role.9 See O'Connor, 407 Mass. at 668 , citing with apparent approval Gribble v. Gribble, 583 P.2d 64, 66 , and see 65-68 (Utah 1978) (where the former stepfather had "lived with the child from the time he was two months old . . . and . . . the child . . . had no contact with his biological father," a hearing was required to determine whether an in loco parentis relationship existed entitling the stepfather to visitation rights).10 Any doubt as to whether the defendant | 1 | 2015–2015 |
Commonwealth v. Callahan
green
1 sentence1997Commonwealth v. Callahan, supra at 308 . | 1 | 1997–1997 |
DiLorenzo v. Atlantic National Bank
green
1 sentence1942The defendant cannot claim error as to those given, DiLorenzo v. Atlantic National Bank, 278 Mass. 321, at 323 . | 1 | 1942–1942 |
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.