supplementary instruction (Massachusetts) · Go Syfert
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supplementary instruction in Massachusetts

11 Massachusetts opinions name it 2 courts 1971–2006 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.

Followed or applied (12)

CaseFollowedCited
Betty Corporation v. Commonwealthgreen
mass · 1968 · cited in 2 Massachusetts opinions naming this issue, 1980–1985
2 sentences

1985“The failure to renew objections after the supplementary instruction and the acquiescience in the amended charge by his counsel leaves the defendant ‘in no position to contend that the further instructions were inadequate’.” Commonwealth v. Sheffield, 10 Mass. App. Ct. 863, 864 (1980), quoting from Betty Corp. v. Commonwealth, 354 Mass. 312, 321 (1968).

1980The failure to renew objections after the supplementary instruction and the acquiescence in the amended charge by his counsel leaves the defendant “in no position to contend that the further instructions were inadequate.” Betty Corp. v. Commonwealth, 354 Mass. 312, 321 (1968).

22
Commonwealth v. Sellongreen
mass · 1980 · cited in 2 Massachusetts opinions naming this issue, 1980–1984
2 sentences

1984Commonwealth v. Sellon, 380 Mass. 220, 233-234 (1980).

1980Viewing the supplementary instruction in light of the entire charge, Commonwealth v. Sellon, 380 Mass. 220, 234 (1980), we are constrained to agree, for several reasons.

22
Commonwealth v. Wojcikgreen
massappct · 1997 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., Commonwealth v. Wojcik, 43 Mass. App. Ct. 595, 611 (1997) (“The last words the jury heard were from the correct supplementary instruction”).

11
Commonwealth v. Jeffersongreen
mass · 1993 · cited in 1 Massachusetts opinions naming this issue, 1997–1997
2 sentences

1997See Commonwealth v. Jeffer son, 416 Mass. 258, 265 (1993) (“It is . . . likely that the importance of the supplemental instruction was emphasized by its separateness and by its having been the last instruction given”).

1997See Commonwealth v. Jefferson, 416 Mass. 258, 265 (1993).

11
Commonwealth v. Sheffieldgreen
massappct · 1980 · cited in 1 Massachusetts opinions naming this issue, 1985–1985
1 sentence

1985“The failure to renew objections after the supplementary instruction and the acquiescience in the amended charge by his counsel leaves the defendant ‘in no position to contend that the further instructions were inadequate’.” Commonwealth v. Sheffield, 10 Mass. App. Ct. 863, 864 (1980), quoting from Betty Corp. v. Commonwealth, 354 Mass. 312, 321 (1968).

11
Commonwealth v. Hebertgreen
mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 1982–1982
1 sentence

1982The Supreme Judicial Court has held that “an attempt to commit involuntary manslaughter is logically impossible” because an attempt necessarily involves intent and “[i]nvoluntary manslaughter is homicide unintentionally caused.” Commonwealth v. Hebert, 373 Mass. 535, 537 (1977), and cases cited.

11
Commonwealth v. Earltopgreen
mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 1982–1982
1 sentence

1982In the present circumstances, these comments constituted “fair inferences from the evidence.” Commonwealth v. Earltop, 372 Mass. 199, 205 (1977) (Hennessey, C.J., concurring). 8 The defendant’s final contention on this issue is that the judge erred in declining to give a supplementary instruction which he requested.

11
Commonwealth v. Freemangreen
mass · 1967 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980Moreover, even if we reviewed the prosecutor’s argument and the supplementary instruction only under the higher standard requiring a “substantial risk of a miscarriage of justice,” Commonwealth v. Freeman, 352 Mass. 556, 564 (1967), we think that such a risk would be present in light of the constitutional dimensions of the error here.

11
Commonwealth v. Cobbgreen
mass · 1978 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980See Commonwealth v. Cobb, supra. 4 The Commonwealth argues that the propriety of the prosecutor’s argument is not presented for review at all because the defendant failed to take yet a further objection after the supplementary instruction was given.

11
Commonwealth v. Killeleagreen
mass · 1976 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980In the circumstances of the present case, where the prosecutor’s comments asserted against the defendant such highly prejudicial evidence as an admission, we do not think that such general warnings “went far enough in emphasizing the particulars in which the prosecutor’s argument was grossly improper.” Commonwealth v. Killelea, 370 Mass. 638, 648 (1976).

11
Commonwealth v. Woodgreen
massappct · 1979 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980See Commonwealth v. Wood, 7 Mass. App. Ct. 455, 458 (1979), S.C. 380 Mass. 545 (1980). 5 The transcript does not reveal the specific reason for the exclusion of each question.

11
Brown v. Knightgreen
mass · 1972 · cited in 1 Massachusetts opinions naming this issue, 1978–1978
1 sentence

1978The bus company owed Alfred "an onerous duty to protect ... [him] from foreseeable harm.” Brown v. Knight, 362 Mass. 350, 352 (1972).

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. Murphy green
mass · 1993
1 sentence

2001The court instead reviewed the instruction and concluded that the jurors could not have been confused by the judge’s reference to the civil preponderance of the evidence standard since it was placed within instructions that were “consistent with the Webster charge.” Commonwealth v. Murphy, supra at 168 .

12001–2001
Commonwealth v. Shea neutral
massappct · 1976
1 sentence

1980Commonwealth v. Shea, 4 Mass. App. Ct. 823 (1976).

11980–1980
Commonwealth v. Wood green
mass · 1980
1 sentence

1980See Commonwealth v. Wood, 7 Mass. App. Ct. 455, 458 (1979), S.C. 380 Mass. 545 (1980). 5 The transcript does not reveal the specific reason for the exclusion of each question.

11980–1980
Commonwealth v. Tuey green
mass · 1851
1 sentence

1971When the jury came in to ask about coercion, the court also gave a supplementary instruction which included the substance of the charge given in Commonwealth v. Tuey, 8 Cush. 1 , 2-3.

11971–1971

Where else courts name it

MA 11 (1971–2006) CA 9 (1960–2013) NY 6 (1996–2003) NJ 5 (1952–1998) MD 5 (1971–2003) DE 5 (1977–2024) WA 5 (1962–2015) LA 4 (2006–2012) MI 4 (1923–1990) MN 3 (1969–1980) IL 3 (1978–1992) MO 3 (1900–1965) NM 3 (1968–2010) NH 2 (1988–1996) OK 2 (1967–1986) VT 2 (1975–1987) AL 2 (1994–1994) IA 2 (2019–2025)

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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