defendant has waived claim (Massachusetts) · Go Syfert
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defendant has waived claim in Massachusetts

9 Massachusetts opinions name it 3 courts 1997–2025 2 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 (6)

CaseFollowedCited
Commonwealth v. Amiraultgreen
mass · 1997 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
2 sentences

2025"The defendant must then show that, taking the proceedings as a whole, the purpose and value of confrontation have not been sufficiently served and that as a result there is a substantial risk that the outcome of the trial would have been different." Id. at 651-652 .

2025Where, as here, a defendant has waived his claim of infringement of his right to confrontation, that "right drops out as a constitutional absolute." Commonwealth v. Amirault, 424 Mass. 618, 651 (1997) (Amirault II).

11
Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. Feiger, Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. Feigergreen
ca1 · 1992 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006“The common factors in a waiver of personal jurisdiction are ‘dilatoriness and participation in, or encouragement of, judicial proceedings.’ ” Lamarche v. Lussier, 65 Mass. App. Ct. 887, 889-890 (2006), quoting from Precision Etchings & Findings, Inc. v. LGP Gem, Ltd., 953 F.2d 21, 25 (1st Cir. 1992).

11
Lamarche v. Lussiergreen
massappct · 2006 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006“The common factors in a waiver of personal jurisdiction are ‘dilatoriness and participation in, or encouragement of, judicial proceedings.’ ” Lamarche v. Lussier, 65 Mass. App. Ct. 887, 889-890 (2006), quoting from Precision Etchings & Findings, Inc. v. LGP Gem, Ltd., 953 F.2d 21, 25 (1st Cir. 1992).

11
Commonwealth v. Andersongreen
massappct · 2003 · cited in 1 Massachusetts opinions naming this issue, 2003–2003
1 sentence

2003We think the record is adequate to consider the defendant’s argument, see Commonwealth v. Anderson, 58 Mass. App. Ct. 117, 124 (2003), and therefore proceed to do so under the familiar standards set out in Commonwealth v. Saferian, 366 Mass. 89, 96 (1974), and Commonwealth v. Satterfield, 373 Mass. 109, 115 (1977).

11
Commonwealth v. Saferiangreen
mass · 1974 · cited in 1 Massachusetts opinions naming this issue, 2003–2003
1 sentence

2003We think the record is adequate to consider the defendant’s argument, see Commonwealth v. Anderson, 58 Mass. App. Ct. 117, 124 (2003), and therefore proceed to do so under the familiar standards set out in Commonwealth v. Saferian, 366 Mass. 89, 96 (1974), and Commonwealth v. Satterfield, 373 Mass. 109, 115 (1977).

11
Commonwealth v. Berrygreen
mass · 1995 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000That motion was filed in 1997, two years after our decision in Commonwealth v. Berry, 420 Mass. 95, 113 (1995), which explicitly stated that, whenever a jury might have reached a verdict of murder on the basis of a felony-murder theory, a concurrent sentence for the underlying felony is duplicative and cannot be imposed.

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 (5)

CaseCitedYears
Commonwealth v. Curtis green
mass · 1994
2 sentences

1999See Commonwealth v. Amirault, supra at 646-647; Commonwealth v. Curtis, supra at 626 .

1997Commonwealth v. Curtis, 417 Mass. 619 , 624-625 n.4 (1994).

21997–1999
Commonwealth v. LeFave green
mass · 1999
1 sentence

2023In all noncapital cases,8 where a defendant has waived a claim of error, our review is limited to the substantial risk of a miscarriage of justice standard, which "calls for us to decide if we have a serious doubt whether the result of the trial might have been different had the error not been made."9 LeFave, 430 Mass. at 174 -175 & n.6.

12023–2023
Commonwealth v. Burton green
mass · 2007
1 sentence

2011The defendant responds that no waiver occurred, reasoning that until this court decided Burton, 450 Mass. at 57-60 , in 2007 — well after both his trial and his direct appeal •— he could not have been expected to argue that armed home invasion as defined in § 18C, as amended by St. 1998, c. 180, § 57, the version of the statute that applied to the defendant, carried a maximum twenty-year sentence and therefore could be the predicate for felony-murder in the second degree only, and not for felony-murder in the first degree.

12011–2011
Wang v. Niakaros green
massappct · 2006
1 sentence

2010"A determination whether a defendant has waived the defense of personal jurisdiction closely tracks the inquiry related to determine whether noncompliance with rule 4 can be overlooked without violating due process requirements." Wang, supra at 172 .

12010–2010
Commonwealth v. Satterfield green
mass · 1977
1 sentence

2003We think the record is adequate to consider the defendant’s argument, see Commonwealth v. Anderson, 58 Mass. App. Ct. 117, 124 (2003), and therefore proceed to do so under the familiar standards set out in Commonwealth v. Saferian, 366 Mass. 89, 96 (1974), and Commonwealth v. Satterfield, 373 Mass. 109, 115 (1977).

12003–2003

Where else courts name it

CT 13 (1990–2024) MA 9 (1997–2025) NY 8 (1911–2024) IL 6 (1981–1999) AZ 5 (2000–2023) FL 4 (1990–2021) CO 3 (1987–2026) OK 2 (1934–1977) MO 2 (1901–1970) TN 2 (2020–2026) TX 2 (2004–2026) WI 2 (1978–2010) IN 2 (1974–2015) MI 2 (1921–1981) PA 2 (2016–2019) GA 2 (2000–2003)

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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