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10 Massachusetts opinions name it 2 courts 1981–2019 0 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. Woodwardgreen1 sentence2009Commonwealth v. Woodward, 427 Mass. 659, 663 (1998). | 1 | 1 |
Altman v. Aronsongreen1 sentence2008In light of the evidence from expert and other medical witnesses that Birnbaum missed or ignored Matsuya-ma’s known risk factors for gastric cancer for a period of almost four years, as well as Bimbaum’s own testimony that the capitation contract he voluntarily entered into caused him “difficulty” in providing patients like Matsuyama with “the best medical care,” it was not error for the judge to include instructions on gross negligence. 61 See Altman v. Aronson, 231 Mass. 588, 591-592 (1919) (“The element of culpability which characterizes all negligence is in gross negligence magnified to a | 1 | 1 |
Commonwealth v. Jacksongreen1 sentence2001See Commonwealth v. Jackson, 419 Mass. 716 , 725 n.8 (1995); Commonwealth v. Thayer, 418 Mass. 130, 133 (1994), quoting Commonwealth v. Vasquez, 27 Mass. App. Ct. 655, 660 (1989) (“test to determine if an instruction on a lesser included offense is required does not depend on whether there is an objection by the defendant or the Commonwealth but rather whether the evidence supports the giving of such instruction”); Commonwealth v. Matos, 36 Mass. App. Ct. 958, 962 (1994) (“contention that a defendant has an absolute right to make tactical decisions that determine which theories of criminal lia | 1 | 1 |
Commonwealth v. Matosgreen1 sentence2001See Commonwealth v. Jackson, 419 Mass. 716 , 725 n.8 (1995); Commonwealth v. Thayer, 418 Mass. 130, 133 (1994), quoting Commonwealth v. Vasquez, 27 Mass. App. Ct. 655, 660 (1989) (“test to determine if an instruction on a lesser included offense is required does not depend on whether there is an objection by the defendant or the Commonwealth but rather whether the evidence supports the giving of such instruction”); Commonwealth v. Matos, 36 Mass. App. Ct. 958, 962 (1994) (“contention that a defendant has an absolute right to make tactical decisions that determine which theories of criminal lia | 1 | 1 |
Commonwealth v. Thayergreen1 sentence2001See Commonwealth v. Jackson, 419 Mass. 716 , 725 n.8 (1995); Commonwealth v. Thayer, 418 Mass. 130, 133 (1994), quoting Commonwealth v. Vasquez, 27 Mass. App. Ct. 655, 660 (1989) (“test to determine if an instruction on a lesser included offense is required does not depend on whether there is an objection by the defendant or the Commonwealth but rather whether the evidence supports the giving of such instruction”); Commonwealth v. Matos, 36 Mass. App. Ct. 958, 962 (1994) (“contention that a defendant has an absolute right to make tactical decisions that determine which theories of criminal lia | 1 | 1 |
Commonwealth v. Vasquezgreen1 sentence2001See Commonwealth v. Jackson, 419 Mass. 716 , 725 n.8 (1995); Commonwealth v. Thayer, 418 Mass. 130, 133 (1994), quoting Commonwealth v. Vasquez, 27 Mass. App. Ct. 655, 660 (1989) (“test to determine if an instruction on a lesser included offense is required does not depend on whether there is an objection by the defendant or the Commonwealth but rather whether the evidence supports the giving of such instruction”); Commonwealth v. Matos, 36 Mass. App. Ct. 958, 962 (1994) (“contention that a defendant has an absolute right to make tactical decisions that determine which theories of criminal lia | 1 | 1 |
Commonwealth v. Pizzottigreen1 sentence2001See Commonwealth v. Jackson, 419 Mass. 716 , 725 n.8 (1995); Commonwealth v. Thayer, 418 Mass. 130, 133 (1994), quoting Commonwealth v. Vasquez, 27 Mass. App. Ct. 655, 660 (1989) (“test to determine if an instruction on a lesser included offense is required does not depend on whether there is an objection by the defendant or the Commonwealth but rather whether the evidence supports the giving of such instruction”); Commonwealth v. Matos, 36 Mass. App. Ct. 958, 962 (1994) (“contention that a defendant has an absolute right to make tactical decisions that determine which theories of criminal lia | 1 | 1 |
Commonwealth v. Schandgreen1 sentence1998And third, that the defendant, by agreement, was willing and available to help the other in carrying out the crime if necessary.” In Commonwealth v. Schand, 420 Mass. 783, 793-794 (1995), we approved substantially this instruction as proper where the evidence warranted an instruction on joint venture armed robbery. | 1 | 1 |
Commonwealth v. Martinezgreen1 sentence1992See Commonwealth v. Martinez, 393 Mass. 612, 613 (1985)(whether an involuntary manslaughter instruction should have been given where defendant lit a newspaper, threw it into a hallway of an apartment building, and then returned to her apartment to watch television deemed a close question; instruction on manslaughter held required). | 1 | 1 |
Commonwealth v. Ascolillogreen1 sentence1992See Commonwealth v. Ascolillo, 405 Mass. 456, 463-464 (1989), and cases therein cited. | 1 | 1 |
Commonwealth v. Santogreen1 sentence1987We conclude that the evidence warranted an instruction on assault and battery, and that the judge should have given the requested instruction. “ ‘A judge is required to charge the jury concerning lesser included offenses if the evidence provides a rational basis for acquitting the defendant of the crime charged and convicting him of the lesser included offense.’ Commonwealth v. Santo, 375 Mass. 299, 305 (1978). | 1 | 1 |
Commonwealth v. Egertongreen1 sentence1987In determining whether any view of the evidence would support a conviction on a lesser included offense, ‘all reasonable inferences must be resolved in favor of the defendant,’ Commonwealth v. Vanderpool, 367 Mass. 743, 746 (1975).” (Footnote omitted.) Commonwealth v. Egerton, 396 Mass. 499, 503 (1986). | 1 | 1 |
Commonwealth v. Vanderpoolgreen1 sentence1987In determining whether any view of the evidence would support a conviction on a lesser included offense, ‘all reasonable inferences must be resolved in favor of the defendant,’ Commonwealth v. Vanderpool, 367 Mass. 743, 746 (1975).” (Footnote omitted.) Commonwealth v. Egerton, 396 Mass. 499, 503 (1986). | 1 | 1 |
Commonwealth v. Flukergreen1 sentence1981Commonwealth v. Fluker, 377 Mass. 123, 131 (1979). 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. Barton
green
1 sentence2019In Barton , supra at 517, 326 N.E.2d 885 , we noted that the evidence warranted an instruction on the independent theories of self-defense and accident because the defendant claimed that "the gun went off" during the fatal struggle. | 1 | 2019–2019 |
Commonwealth v. Zaccagnini
green
2 sentences2019Similarly, in Zaccagnini , 383 Mass. at 616 , 420 N.E.2d 350 , the defendant's testimony that the victim had a gun, and that it "went off" as they wrestled for control of it, raised "a reasonable doubt concerning whether the shooting was accidental, and ... whether the defendant acted in self-defense." Here, the defendant was not entitled to an accident instruction because there was no evidence that he unintentionally or accidentally discharged a firearm. 2019Similarly, in Zaccagnini , 383 Mass. at 616 , 420 N.E.2d 350 , the defendant's testimony that the victim had a gun, and that it "went off" as they wrestled for control of it, raised "a reasonable doubt concerning whether the shooting was accidental, and ... whether the defendant acted in self-defense." Here, the defendant was not entitled to an accident instruction because there was no evidence that he unintentionally or accidentally discharged a firearm. | 1 | 2019–2019 |
Commonwealth v. Toney
green
1 sentence1989In Commonwealth v. Toney, 385 Mass. 575 , 584 n.4 (1982), we noted that false *547 statements might be a basis of a consciousness of guilt instruction. | 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.