absence of constitutional error (Massachusetts) · Go Syfert
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absence of constitutional error in Massachusetts

9 Massachusetts opinions name it 3 courts 1979–2015 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 (8)

CaseFollowedCited
Commonwealth v. Browngreen
mass · 1979 · cited in 2 Massachusetts opinions naming this issue, 2001–2010
2 sentences

2010Commonwealth v. Brown, 378 Mass. 165, 170-171 (1979).

2001Commmonwealth v. Brown, 378 Mass. 165, 170-171 (1979), and cases cited.

22
Commonwealth v. Hortongreen
mass · 1978 · cited in 2 Massachusetts opinions naming this issue, 1979–1980
2 sentences

1980Commonwealth v. Horton, 376 Mass. 380, 401 (1978).

1979Commonwealth v. Horton, 376 Mass. 380, 401 (1978).

22
Commonwealth v. Smithgreen
mass · 1980 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015“In the absence of constitutional error, a motion for a new trial is addressed to the sound discretion of the trial judge,” Commonwealth v. Smith, 381 Mass. 141, 142 (1980), who may grant a new trial “if it appears that justice may not have been done.” Mass. R.

11
Commonwealth v. Cintronred
mass · 2001 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010A. Standard of Review Pursuant to Mass.R.Crim.P. 30(b), this court may order a new trial “at any time if it appears that justice has not been done.” “In the absence of constitutional error, the granting of a motion for a new trial. . . rests in the sound discretion of the judge.” Commonwealth v. Cintron, 435 Mass. 509, 517 (2001).

11
Commonwealth v. Shanleygreen
mass · 2010 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010In the absence of constitutional error, “(t]he decision to grant a new trial is within the sound discretion of the motion judge who is entitled to special deference if he was also the trial judge.” Commonwealth v. Shanley, 455 Mass. 752, 767 (2010) (internal quotations omitted).

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

1980See Commonwealth v. Harrington, 379 Mass. 446, 449 (1980); Commonwealth v. McLaughlin, 364 Mass. 211, 229 (1973); Commonwealth v. Freeman, 352 Mass. 556, 563-564 (1967).

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

1980See Commonwealth v. Harrington, 379 Mass. 446, 449 (1980); Commonwealth v. McLaughlin, 364 Mass. 211, 229 (1973); Commonwealth v. Freeman, 352 Mass. 556, 563-564 (1967).

11
Commonwealth v. McLaughlingreen
mass · 1973 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980See Commonwealth v. Harrington, 379 Mass. 446, 449 (1980); Commonwealth v. McLaughlin, 364 Mass. 211, 229 (1973); Commonwealth v. Freeman, 352 Mass. 556, 563-564 (1967).

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. Grace green
mass · 1976
1 sentence

1987Commonwealth v. Grace, 370 Mass. at 751 .

11987–1987
Earl v. Commonwealth green
mass · 1969
1 sentence

1980Earl, supra. Even in the absence of constitutional error, the motion judge has discretion to “set aside a verdict in order to prevent a miscarriage of justice when a decisive or pertinent point affecting substantial rights has not been raised by exception at the trial.” Dascalakis, supra at 25 .

11980–1980

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (6)

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

MA 9 (1979–2015) RI 3 (1963–2010) OR 2 (1965–1978)

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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