defendant made claim (Massachusetts) · Go Syfert
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defendant made claim in Massachusetts

10 Massachusetts opinions name it 2 courts 1984–2023 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
Bridgeman v. District Attorney for the Suffolk Districtgreen
mass · 2017 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023Based on concerns about "systemic misconduct in the Hinton Lab," on March 22, 2021, the Suffolk County District Attorney's office announced the "Hinton Lab Initiative," pledging to treat distribution count and two years of probation from and after that sentence on the possession count. 2 all defendants with convictions based on substances tested at Hinton lab between May 1, 2003, and August 30, 2012, as "List Two" defendants, as described in Bridgeman v. District Attorney for the Suffolk Dist., 476 Mass. 298, 327-328 (2017) (Bridgeman II), and on that basis, to seek to vacate and dismiss those

11
Commonwealth v. Caldwellgreen
massappct · 1998 · cited in 1 Massachusetts opinions naming this issue, 2019–2019
2 sentences

2019See Commonwealth v. Caldwell , 45 Mass. App. Ct. 42 , 46, 694 N.E.2d 1309 (1998).

2019See Commonwealth v. Caldwell , 45 Mass. App. Ct. 42 , 46, 694 N.E.2d 1309 (1998).

11
Commonwealth v. Morrisongreen
mass · 1999 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
1 sentence

2017In addition, the defendant made no claim in 17 Morrison, 429 Mass. 511, 514 (1999) ("It is simply nonsense to say that society is prepared to recognize [a defendant's] right to be where [an abuse prevention order] has ordered him not to be").

11
Brady v. Marylandgreen
scotus · 1963 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002See Brady v. Maryland, 373 U.S. 83 (1963).

11
Commonwealth v. Fergusongreen
mass · 1981 · cited in 1 Massachusetts opinions naming this issue, 1999–1999
1 sentence

1999Citing Commonwealth v. Ferguson, 384 Mass. 13, 18 (1981), and Commonwealth v. Baptista, 32 Mass. App. Ct. 910 (1992),'the dissent seems to take the position, post at 496-497, that the defendant’s knowledge of the extended order cannot be inferred reasonably because that inference is itself based upon the inference that the defendant was served either by delivering a copy of the order to him in hand or by leaving it at his last and usual address.

11
Commonwealth v. Tuittgreen
mass · 1985 · cited in 1 Massachusetts opinions naming this issue, 1998–1998
1 sentence

1998See Commonwealth v. Tuitt, 393 Mass. 801, 810 (1985) (“ ‘the burden is on the defendant’ to come forward with evidence of a license”).

11
Commonwealth v. Lacygreen
mass · 1976 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
2 sentences

1994Commonwealth v. Lacy, 371 Mass. 363, 370-371 (1976).

1994Commonwealth v. Lacy, 371 Mass. 363, 370-371 (1976).

11
Commonwealth v. Ballirogreen
mass · 1965 · cited in 1 Massachusetts opinions naming this issue, 1989–1989
1 sentence

1989Cf. Commonwealth v. Balliro, 349 Mass. 505, 516 (1965).

11
Commonwealth v. Edgerlygreen
mass · 1983 · cited in 1 Massachusetts opinions naming this issue, 1984–1984
1 sentence

1984Commonwealth v. Dustin, ante 481, 486 (1984). *673 See Commonwealth v. Edgerly, 390 Mass. 103, 106-107 (1983); Commonwealth v. MacDonald (No. 2), 368 Mass. 403, 409-410 (1975). 4.

11
Commonwealth v. MacDonald (No. 2)green
mass · 1975 · cited in 1 Massachusetts opinions naming this issue, 1984–1984
1 sentence

1984Commonwealth v. Dustin, ante 481, 486 (1984). *673 See Commonwealth v. Edgerly, 390 Mass. 103, 106-107 (1983); Commonwealth v. MacDonald (No. 2), 368 Mass. 403, 409-410 (1975). 4.

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 (2)

CaseCitedYears
Commonwealth v. Maia green
mass · 1999
1 sentence

2001At trial, the defendant made a claim similar to the one made in Commonwealth v. Maia, supra: here he believed he was in the apartment of his brother’s girlfriend’s mother, whereas in Maia , the defendant believed he was at his girlfriend’s apartment.

12001–2001
Commonwealth v. Baptista green
massappct · 1992
1 sentence

1999Citing Commonwealth v. Ferguson, 384 Mass. 13, 18 (1981), and Commonwealth v. Baptista, 32 Mass. App. Ct. 910 (1992),'the dissent seems to take the position, post at 496-497, that the defendant’s knowledge of the extended order cannot be inferred reasonably because that inference is itself based upon the inference that the defendant was served either by delivering a copy of the order to him in hand or by leaving it at his last and usual address.

11999–1999

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (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

CT 23 (1936–2025) NY 12 (1871–2016) IL 11 (1936–2023) MA 10 (1984–2023) TX 10 (1967–2014) SC 5 (1991–2022) NC 4 (1933–2016) IN 4 (2013–2020) AR 4 (1993–2010) VT 3 (1868–2005) OR 3 (1957–1989) MN 3 (1970–2001) CO 3 (1912–2026) OH 2 (1984–2000) KS 2 (1910–1974) NH 2 (1999–2007) AL 2 (1912–1986) HI 2 (1960–2013) OK 2 (1954–1962) WI 2 (1989–2014) MI 2 (1878–1926) MO 2 (1911–1938) FL 2 (1997–2009) GA 2 (1965–2020) MD 2 (1940–2008)

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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