10 Massachusetts opinions name it 3 courts 1995–2018 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. Jamesgreen2 sentences2015Because the evidence, 5 viewed in a light most favorable to the defendant, see Commonwealth v. Little, 431 Mass. 782, 783 (2000), did not show “debilitating intoxication” that could support a reasonable doubt as to whether the defendant was capable of forming the requisite criminal intent, see Commonwealth v. James, 424 Mass. 770, 789 (1997), the evidence did not warrant a voluntary intoxication instruction and the judge did not commit error by declining to give it. ii. 2012A voluntary intoxication instruction is not required “where the evidence does not suggest a condition of ‘debilitating intoxication’ that could support a reasonable doubt as to whether [the] defendant was capable of forming the requisite criminal intent.” Commonwealth v. James, 424 Mass. 770, 789 (1997), and cases cited. | 4 | 4 |
Commonwealth v. Littlegreen2 sentences2015Because the evidence, 5 viewed in a light most favorable to the defendant, see Commonwealth v. Little, 431 Mass. 782, 783 (2000), did not show “debilitating intoxication” that could support a reasonable doubt as to whether the defendant was capable of forming the requisite criminal intent, see Commonwealth v. James, 424 Mass. 770, 789 (1997), the evidence did not warrant a voluntary intoxication instruction and the judge did not commit error by declining to give it. ii. 2012Because the evidence, viewed in a light most favorable to the defendant, see Commonwealth v. Little, 431 Mass. 782, 783 (2000), showed only alcohol consumption, but not “ ‘debilitating intoxication’ that could support a reasonable doubt as to whether [the] defendant was capable of forming the requisite criminal intent,” Commonwealth v. James, supra, the evidence did not warrant a voluntary intoxication instruction. | 2 | 2 |
Commonwealth v. Moralesgreen2 sentences2018See Commonwealth v. Morales , 453 Mass. 40 , 43-45, 899 N.E.2d 96 (2009). 2018See Commonwealth v. Morales , 453 Mass. 40 , 43-45, 899 N.E.2d 96 (2009). | 1 | 1 |
Commonwealth v. DelVallegreen1 sentence2007See Commonwealth v. DelValle, 443 Mass. 782, 793-794 (2005). | 1 | 1 |
Commonwealth v. Chasegreen1 sentence2003But even with these assumptions, our “review [of] the evidence and the case as a whole, considering the strength of the Commonwealth’s case, as well as the nature and significance of the alleged errors,” Commonwealth v. Chase, 433 Mass. 293, 299 (2001), does not persuade us that the lack of a voluntary intoxication instruction resulted in a substantial risk of a miscarriage of justice. | 1 | 1 |
Commonwealth v. Lawrencegreen1 sentence2003Cf. Commonwealth v. Lawrence, 404 Mass. 378, 395 (1989). | 1 | 1 |
Reginald Lannon v. William Hogangreen1 sentence1995Finally, we note the similarity between the judge’s charge in the present case and the voluntary intoxication instruction approved of in Commonwealth v. Bousquet, supra at 867 n.7. 13 The defendant next contends that the judge’s instructions suggested to the jury that the defendant’s testimony was not worthy of belief. “[A]n isolated instruction that may ‘imply denigration or disbelief of a defendant’s testimony,’ is best avoided even though the implication may be counteracted when the charge is viewed as a whole.” United States v. Dwyer, 843 F.2d 60, 63 (1st Cir. 1988), quoting Lannon v. Hoga | 1 | 1 |
United States v. Timothy M. Dwyergreen1 sentence1995Finally, we note the similarity between the judge’s charge in the present case and the voluntary intoxication instruction approved of in Commonwealth v. Bousquet, supra at 867 n.7. 13 The defendant next contends that the judge’s instructions suggested to the jury that the defendant’s testimony was not worthy of belief. “[A]n isolated instruction that may ‘imply denigration or disbelief of a defendant’s testimony,’ is best avoided even though the implication may be counteracted when the charge is viewed as a whole.” United States v. Dwyer, 843 F.2d 60, 63 (1st Cir. 1988), quoting Lannon v. Hoga | 1 | 1 |
Commonwealth v. Freiberggreen1 sentence1995See Commonwealth v. Freiberg, 405 Mass. 282, 303 , cert. denied, 493 U.S. 940 (1989) (exact language of Delle Chiaie is not required for voluntary intoxication instruction). | 1 | 1 |
Freiberg v. Massachusettsgreen1 sentence1995See Commonwealth v. Freiberg, 405 Mass. 282, 303 , cert. denied, 493 U.S. 940 (1989) (exact language of Delle Chiaie is not required for voluntary intoxication instruction). | 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. Saferian
green
2 sentences2018The judge held that, because trial counsel inadvertently failed to introduce those records because she believed that they were in evidence, trial counsel's performance fell measurably below that of an ordinary fallible lawyer. 5 See Commonwealth v. Saferian , 366 Mass. 89 , 96, 315 N.E.2d 878 (1974). 2018The judge held that, because trial counsel inadvertently failed to introduce those records because she believed that they were in evidence, trial counsel's performance fell measurably below that of an ordinary fallible lawyer. 5 See Commonwealth v. Saferian , 366 Mass. 89 , 96, 315 N.E.2d 878 (1974). | 1 | 2018–2018 |
Commonwealth v. Appleby
green
1 sentence2017Because assault and battery is a general intent crime, Commonwealth v. Appleby , 380 Mass. 296 , 307 (1980), a voluntary intoxication instruction would not have been given even if requested. | 1 | 2017–2017 |
Commonwealth v. Harvey
green
1 sentence2000In Commonwealth v. Harvey, 397 Mass. 803 (1986), the defendant’s psychiatrist testified at trial that the defendant did not possess the mental capacity to “deliberately evaluate the pros ,and cons of carrying out an aggressive act like murder.” This psychiatrist based this testimony on the defendant’s drug use before committing the killing with which he was charged. | 1 | 2000–2000 |
Commonwealth v. Bousquet
green
1 sentence1995Finally, we note the similarity between the judge’s charge in the present case and the voluntary intoxication instruction approved of in Commonwealth v. Bousquet, supra at 867 n.7. 13 The defendant next contends that the judge’s instructions suggested to the jury that the defendant’s testimony was not worthy of belief. “[A]n isolated instruction that may ‘imply denigration or disbelief of a defendant’s testimony,’ is best avoided even though the implication may be counteracted when the charge is viewed as a whole.” United States v. Dwyer, 843 F.2d 60, 63 (1st Cir. 1988), quoting Lannon v. Hoga | 1 | 1995–1995 |
Gunter v. United States
green
1 sentence1995Finally, we note the similarity between the judge’s charge in the present case and the voluntary intoxication instruction approved of in Commonwealth v. Bousquet, supra at 867 n.7. 13 The defendant next contends that the judge’s instructions suggested to the jury that the defendant’s testimony was not worthy of belief. “[A]n isolated instruction that may ‘imply denigration or disbelief of a defendant’s testimony,’ is best avoided even though the implication may be counteracted when the charge is viewed as a whole.” United States v. Dwyer, 843 F.2d 60, 63 (1st Cir. 1988), quoting Lannon v. Hoga | 1 | 1995–1995 |
Commonwealth v. Lanoue
green
1 sentence1995We reaffirmed the use of such language in Commonwealth v. Lanoue, supra at 592 n.6, where we recommended the voluntary intoxication instruction from Delle Chiaie . | 1 | 1995–1995 |
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.