10 Massachusetts opinions name it 2 courts 1989–2026 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. Piresgreen2 sentences2016A. R 16 (a) (4), as amended, 367 Mass. 921 (1975), we decline to consider whether the omission of an eyewitness instruction in accordance with Rodriguez is a violation of the defendant’s constitutional right to a fair trial. 4 See, e.g., Commonwealth v. Watson, 455 Mass. 246, 259-260 (2009) (judge’s eyewitness instructions in accordance with Rodriguez and Commonwealth v. Pressley, 390 Mass. 617, 619 [1983], given at defendant’s request, sufficient without “cautionary” instructions); Commonwealth v. Pires, 453 Mass. 66, 72 (2009) (“when the evidence so warrants and when a defendant requests the 2013If after examining the testimony, you have a reasonable doubt as to the accuracy of the identification, you must find the defendant not guilty.” Further, as we held in Commonwealth v. Pressley, 390 Mass. 617, 620 (1983), “Fairness to a defendant compels the trial judge to give an instruction on the possibility of an honest but mistaken identification when the facts permit it and when the defendant requests it.” See Commonwealth v. Pires, 453 Mass. 66, 71-72 (2009) (“better course is to include in the Rodriguez instruction the language set forth in the Pressley case,” because “[t]here is no har | 2 | 2 |
Commonwealth v. Pressleygreen2 sentences2016A. R 16 (a) (4), as amended, 367 Mass. 921 (1975), we decline to consider whether the omission of an eyewitness instruction in accordance with Rodriguez is a violation of the defendant’s constitutional right to a fair trial. 4 See, e.g., Commonwealth v. Watson, 455 Mass. 246, 259-260 (2009) (judge’s eyewitness instructions in accordance with Rodriguez and Commonwealth v. Pressley, 390 Mass. 617, 619 [1983], given at defendant’s request, sufficient without “cautionary” instructions); Commonwealth v. Pires, 453 Mass. 66, 72 (2009) (“when the evidence so warrants and when a defendant requests the 2013If after examining the testimony, you have a reasonable doubt as to the accuracy of the identification, you must find the defendant not guilty.” Further, as we held in Commonwealth v. Pressley, 390 Mass. 617, 620 (1983), “Fairness to a defendant compels the trial judge to give an instruction on the possibility of an honest but mistaken identification when the facts permit it and when the defendant requests it.” See Commonwealth v. Pires, 453 Mass. 66, 71-72 (2009) (“better course is to include in the Rodriguez instruction the language set forth in the Pressley case,” because “[t]here is no har | 2 | 2 |
Commonwealth v. Woodwardgreen1 sentence2026See Commonwealth v. Woodward, 427 Mass. 659, 662-663 (1998). | 1 | 1 |
Commonwealth v. Watsongreen1 sentence2016A. R 16 (a) (4), as amended, 367 Mass. 921 (1975), we decline to consider whether the omission of an eyewitness instruction in accordance with Rodriguez is a violation of the defendant’s constitutional right to a fair trial. 4 See, e.g., Commonwealth v. Watson, 455 Mass. 246, 259-260 (2009) (judge’s eyewitness instructions in accordance with Rodriguez and Commonwealth v. Pressley, 390 Mass. 617, 619 [1983], given at defendant’s request, sufficient without “cautionary” instructions); Commonwealth v. Pires, 453 Mass. 66, 72 (2009) (“when the evidence so warrants and when a defendant requests the | 1 | 1 |
Carter v. Kentuckygreen1 sentence2015Carter v. Kentucky, 450 U.S. 288, 305 (1981). | 1 | 1 |
Commonwealth v. Dagleygreen1 sentence2006This case was tried before this court’s decision in Commonwealth v. DiGiambattista, supra at 425, 447-448 , prospectively to require such an instruction if a defendant’s unrecorded confession or statement that is the product of “custodial interrogation” or “an interrogation conducted at a place of detention” is admitted in evidence, and the defendant requests the instruction. 11 See Commonwealth v. Dagley, 442 Mass. 713, 721 (2004), cert. denied, 544 U.S. 930 (2005). | 1 | 1 |
Commonwealth v. DiGiambattistagreen1 sentence2006This case was tried before this court’s decision in Commonwealth v. DiGiambattista, supra at 425, 447-448 , prospectively to require such an instruction if a defendant’s unrecorded confession or statement that is the product of “custodial interrogation” or “an interrogation conducted at a place of detention” is admitted in evidence, and the defendant requests the instruction. 11 See Commonwealth v. Dagley, 442 Mass. 713, 721 (2004), cert. denied, 544 U.S. 930 (2005). | 1 | 1 |
Commonwealth v. Alphasgreen1 sentence2001See Commonwealth v. Smith, 49 Mass. App. Ct. 827, 829-830 (2000). “[I]f one cannot say, with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.” Commonwealth v. Alphas, 430 Mass. 8 , 13-14 n.7 (1999), quoting from Commonwealth v. Flebotte, 417 Mass. 348, 353 (1994). | 1 | 1 |
Commonwealth v. Smithgreen1 sentence2001See Commonwealth v. Smith, 49 Mass. App. Ct. 827, 829-830 (2000). “[I]f one cannot say, with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.” Commonwealth v. Alphas, 430 Mass. 8 , 13-14 n.7 (1999), quoting from Commonwealth v. Flebotte, 417 Mass. 348, 353 (1994). | 1 | 1 |
Commonwealth v. Flebottegreen1 sentence2001See Commonwealth v. Smith, 49 Mass. App. Ct. 827, 829-830 (2000). “[I]f one cannot say, with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.” Commonwealth v. Alphas, 430 Mass. 8 , 13-14 n.7 (1999), quoting from Commonwealth v. Flebotte, 417 Mass. 348, 353 (1994). | 1 | 1 |
Commonwealth v. Nawngreen1 sentence1999Commonwealth v. Nawn, 394 Mass. 1, 6-9 (1985). | 1 | 1 |
Rosales-Lopez v. United Statesgreen2 sentences1989See Rosales-Lopez v. United States, supra at 191 ; Commonwealth v. Sanders, supra at 639 . 1989See Rosales-Lopez v. United States, supra at 191 ; Commonwealth v. Sanders, supra at 639 . | 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. Kelsey
green
1 sentence2018Where, as here, a defendant requests that the privilege be set aside on the ground that it "interferes with a fair defence," Commonwealth v. Johnson , 365 Mass. 534 , 544 (1974), he "is required to present 'some offering so that the trial judge may assess the materiality and relevancy of the disclosure to the defense, if that relevancy is not apparent from the nature of the case and the defense offered thereto.' " Bonnett , 472 Mass. at 847 , quoting from Commonwealth v. Kelsey , 464 Mass. 315 , 323 (2013). | 1 | 2018–2018 |
Commonwealth v. Bonnett
green
1 sentence2018Where, as here, a defendant requests that the privilege be set aside on the ground that it "interferes with a fair defence," Commonwealth v. Johnson , 365 Mass. 534 , 544 (1974), he "is required to present 'some offering so that the trial judge may assess the materiality and relevancy of the disclosure to the defense, if that relevancy is not apparent from the nature of the case and the defense offered thereto.' " Bonnett , 472 Mass. at 847 , quoting from Commonwealth v. Kelsey , 464 Mass. 315 , 323 (2013). | 1 | 2018–2018 |
Commonwealth v. Johnson
green
1 sentence2018Where, as here, a defendant requests that the privilege be set aside on the ground that it "interferes with a fair defence," Commonwealth v. Johnson , 365 Mass. 534 , 544 (1974), he "is required to present 'some offering so that the trial judge may assess the materiality and relevancy of the disclosure to the defense, if that relevancy is not apparent from the nature of the case and the defense offered thereto.' " Bonnett , 472 Mass. at 847 , quoting from Commonwealth v. Kelsey , 464 Mass. 315 , 323 (2013). | 1 | 2018–2018 |
Commonwealth v. Botelho
green
1 sentence2018"When a defendant requests an instruction regarding his election not to testify, the trial judge must give an instruction that minimizes the risk that the jury will draw an adverse inference from his election." Commonwealth v. Botelho , 87 Mass. App. Ct. 846 , 848 (2015). | 1 | 2018–2018 |
Uncapher v. Michigan
green
1 sentence2006This case was tried before this court’s decision in Commonwealth v. DiGiambattista, supra at 425, 447-448 , prospectively to require such an instruction if a defendant’s unrecorded confession or statement that is the product of “custodial interrogation” or “an interrogation conducted at a place of detention” is admitted in evidence, and the defendant requests the instruction. 11 See Commonwealth v. Dagley, 442 Mass. 713, 721 (2004), cert. denied, 544 U.S. 930 (2005). | 1 | 2006–2006 |
Commonwealth v. Spencer
green
1 sentence2001The inquiry as to the strength of the Commonwealth’s case appears to have application both in cases where the Commonwealth has requested the missing witness instruction, see Commonwealth v. Spencer, 49 Mass. App. Ct. at 387 , as well as in cases where the defendant requests such an instruction. | 1 | 2001–2001 |
Commonwealth v. Sanders
green
2 sentences1989See Rosales-Lopez v. United States, supra at 191 ; Commonwealth v. Sanders, supra at 639 . 1989See Rosales-Lopez v. United States, supra at 191 ; Commonwealth v. Sanders, supra at 639 . | 1 | 1989–1989 |
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.