9 Massachusetts opinions name it 2 courts 1906–2024 1 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. Fredettegreen1 sentence2024See Commonwealth v. Fredette, 56 Mass. App. Ct. 253 , 259 n.10 (2002) ("Failure to exercise discretion is itself an abuse of discretion"). | 1 | 1 |
Commonwealth v. Bonnettgreen1 sentence2016The defendant relies on the rule announced in Commonwealth v. Collins, 470 Mass. 255 (2014), to argue that it was error creating a substantial risk of a miscarriage of justice to admit Gagnon’s in-court identification of the defendant where she twice failed to identify the defendant from a *362 photographic array on the day of the incident. 13 See id. at 265 (where a witness participated in a nonsuggestive pretrial identification procedure that produced “something less than an unequivocal positive identification,” in-court identification ought to be permitted only where there is “ ‘good reason | 1 | 1 |
Commonwealth v. Craytongreen1 sentence2016The defendant relies on the rule announced in Commonwealth v. Collins, 470 Mass. 255 (2014), to argue that it was error creating a substantial risk of a miscarriage of justice to admit Gagnon’s in-court identification of the defendant where she twice failed to identify the defendant from a *362 photographic array on the day of the incident. 13 See id. at 265 (where a witness participated in a nonsuggestive pretrial identification procedure that produced “something less than an unequivocal positive identification,” in-court identification ought to be permitted only where there is “ ‘good reason | 1 | 1 |
Commonwealth v. Collinsgreen2 sentences2016The defendant relies on the rule announced in Commonwealth v. Collins, 470 Mass. 255 (2014), to argue that it was error creating a substantial risk of a miscarriage of justice to admit Gagnon’s in-court identification of the defendant where she twice failed to identify the defendant from a *362 photographic array on the day of the incident. 13 See id. at 265 (where a witness participated in a nonsuggestive pretrial identification procedure that produced “something less than an unequivocal positive identification,” in-court identification ought to be permitted only where there is “ ‘good reason 2016The defendant relies on the rule announced in Commonwealth v. Collins, 470 Mass. 255 (2014), to argue that it was error creating a substantial risk of a miscarriage of justice to admit Gagnon’s in-court identification of the defendant where she twice failed to identify the defendant from a *362 photographic array on the day of the incident. 13 See id. at 265 (where a witness participated in a nonsuggestive pretrial identification procedure that produced “something less than an unequivocal positive identification,” in-court identification ought to be permitted only where there is “ ‘good reason | 1 | 1 |
Gilday v. Commonwealthgreen2 sentences1977See Gilday v. Commonwealth, 360 Mass. 170 (1971); Wardius v. Oregon, 412 U.S. 470 (1973). 1977See Gilday v. Commonwealth, 360 Mass. 170 (1971); Wardius v. Oregon, 412 U.S. 470 (1973). | 1 | 1 |
Commonwealth v. Penrosegreen1 sentence1974While a motion for a new trial may not ordinarily be used as a vehicle to compel review of such questions (Commonwealth v. McLaughlin, 364 Mass. 211, 229 [1973], and cases cited), the defendant relies on the exception to that rule which sometimes exists when the issues reach constitutional dimensions (see Earl v. Commonwealth, 356 Mass. 181, 184 [1969]; Commonwealth v. Penrose, 363 Mass. 677, 681 [1973]; Picard v. Connor, 404 U. S. 270, 272, n. 3 [1971]; but see Commonwealth v. Antobenedetto, 366 Mass. 51, 58-59 [1974]). | 1 | 1 |
Picard v. Connorgreen1 sentence1974While a motion for a new trial may not ordinarily be used as a vehicle to compel review of such questions (Commonwealth v. McLaughlin, 364 Mass. 211, 229 [1973], and cases cited), the defendant relies on the exception to that rule which sometimes exists when the issues reach constitutional dimensions (see Earl v. Commonwealth, 356 Mass. 181, 184 [1969]; Commonwealth v. Penrose, 363 Mass. 677, 681 [1973]; Picard v. Connor, 404 U. S. 270, 272, n. 3 [1971]; but see Commonwealth v. Antobenedetto, 366 Mass. 51, 58-59 [1974]). | 1 | 1 |
Earl v. Commonwealthgreen1 sentence1974While a motion for a new trial may not ordinarily be used as a vehicle to compel review of such questions (Commonwealth v. McLaughlin, 364 Mass. 211, 229 [1973], and cases cited), the defendant relies on the exception to that rule which sometimes exists when the issues reach constitutional dimensions (see Earl v. Commonwealth, 356 Mass. 181, 184 [1969]; Commonwealth v. Penrose, 363 Mass. 677, 681 [1973]; Picard v. Connor, 404 U. S. 270, 272, n. 3 [1971]; but see Commonwealth v. Antobenedetto, 366 Mass. 51, 58-59 [1974]). | 1 | 1 |
Commonwealth v. McLaughlingreen1 sentence1974While a motion for a new trial may not ordinarily be used as a vehicle to compel review of such questions (Commonwealth v. McLaughlin, 364 Mass. 211, 229 [1973], and cases cited), the defendant relies on the exception to that rule which sometimes exists when the issues reach constitutional dimensions (see Earl v. Commonwealth, 356 Mass. 181, 184 [1969]; Commonwealth v. Penrose, 363 Mass. 677, 681 [1973]; Picard v. Connor, 404 U. S. 270, 272, n. 3 [1971]; but see Commonwealth v. Antobenedetto, 366 Mass. 51, 58-59 [1974]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Commonwealth v. Antobenedettogreen1 sentence1974While a motion for a new trial may not ordinarily be used as a vehicle to compel review of such questions (Commonwealth v. McLaughlin, 364 Mass. 211, 229 [1973], and cases cited), the defendant relies on the exception to that rule which sometimes exists when the issues reach constitutional dimensions (see Earl v. Commonwealth, 356 Mass. 181, 184 [1969]; Commonwealth v. Penrose, 363 Mass. 677, 681 [1973]; Picard v. Connor, 404 U. S. 270, 272, n. 3 [1971]; but see Commonwealth v. Antobenedetto, 366 Mass. 51, 58-59 [1974]). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Gallant
green
1 sentence2019The defendant relies on the principle of ejusdem generis to posit that, because the statute uses the words "torture," "torment," "beat," "mutilate," and "disable," the words "strike" or "otherwise mistreat," as used in the statute, are intended "to cover serious blows and serious mistreatment, akin to torture and torment." See Commonwealth v. Gallant , 453 Mass. 535 , 542 (2009), quoting Powers v. Freetown-Lakeville Regional Sch. | 1 | 2019–2019 |
In the Matter of a Grand Jury Subpoena
green
1 sentence2011If in the future there is a final disposition, either because the defendant returns to the United States or because he waives his right to be present, the party aggrieved by the decision properly may file an appeal. 13 Until that point, no appeal properly lies. 14 The defendant relies on the principle that an interlocutory appeal is appropriate when “there might otherwise be no avenue of appeal.” Matter of a Grand Jury Subpoena, supra at 499 n.12. 15 He notes correctly that, because he may not return to the United States without ICE approval, he is barred “indefinitely” from attending any fina | 1 | 2011–2011 |
Morrissey v. Brewer
green
1 sentence1990In (d), the Court identified “the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation).” Morrissey v. Brewer, supra at 489 . | 1 | 1990–1990 |
Wardius v. Oregon
green
2 sentences1977See Gilday v. Commonwealth, 360 Mass. 170 (1971); Wardius v. Oregon, 412 U.S. 470 (1973). 1977See Gilday v. Commonwealth, 360 Mass. 170 (1971); Wardius v. Oregon, 412 U.S. 470 (1973). | 1 | 1977–1977 |
Crocker v. Cotting
green
1 sentence1943Crocker v. Cotting, 166 Mass. 183, 185 . | 1 | 1943–1943 |
Kohn v. Fandel
neutral
1 sentence1906The weight of authority is the same in other jurisdictions; Forman & Co. Proprietary v. The Ship Liddesdale, [1900] A. C. 190; Hansbrough v. Peck, 5 Wall. 497 ; Scheible v. Klein, 89 Mich. 376 ; Kohn v. Fandel, 29 Minn. 470 ; Timberlake v. Thayer, 71 Miss. 279 ; Smith v. Brady, 17 N. Y. 173 ; Ginther v. Shultz, 40 Ohio St. 104 ; Posey v. Garth, 7 Mo. 94 ; Beach v. Mullin, 5 Vroom, 343 ; Hartman v. Meighan, 171 Penn. | 1 | 1906–1906 |
Homer v. Shaw
neutral
1 sentence1906Loring, J. [After the foregoing statement of the case.] The defendant relies on the doctrine long established in this Commonwealth and last applied in Homer v. Shaw, 177 Mass. 1 , where the earlier cases are collected, namely, that one who voluntarily has failed to complete a piece of work to be done under a special contract for an entire sum is without remedy. | 1 | 1906–1906 |
Timberlake v. Thayer
neutral
1 sentence1906The weight of authority is the same in other jurisdictions; Forman & Co. Proprietary v. The Ship Liddesdale, [1900] A. C. 190; Hansbrough v. Peck, 5 Wall. 497 ; Scheible v. Klein, 89 Mich. 376 ; Kohn v. Fandel, 29 Minn. 470 ; Timberlake v. Thayer, 71 Miss. 279 ; Smith v. Brady, 17 N. Y. 173 ; Ginther v. Shultz, 40 Ohio St. 104 ; Posey v. Garth, 7 Mo. 94 ; Beach v. Mullin, 5 Vroom, 343 ; Hartman v. Meighan, 171 Penn. | 1 | 1906–1906 |
Hansbrough v. Peck
green
1 sentence1906The weight of authority is the same in other jurisdictions; Forman & Co. Proprietary v. The Ship Liddesdale, [1900] A. C. 190; Hansbrough v. Peck, 5 Wall. 497 ; Scheible v. Klein, 89 Mich. 376 ; Kohn v. Fandel, 29 Minn. 470 ; Timberlake v. Thayer, 71 Miss. 279 ; Smith v. Brady, 17 N. Y. 173 ; Ginther v. Shultz, 40 Ohio St. 104 ; Posey v. Garth, 7 Mo. 94 ; Beach v. Mullin, 5 Vroom, 343 ; Hartman v. Meighan, 171 Penn. | 1 | 1906–1906 |
Smith v. . Brady
green
1 sentence1906The weight of authority is the same in other jurisdictions; Forman & Co. Proprietary v. The Ship Liddesdale, [1900] A. C. 190; Hansbrough v. Peck, 5 Wall. 497 ; Scheible v. Klein, 89 Mich. 376 ; Kohn v. Fandel, 29 Minn. 470 ; Timberlake v. Thayer, 71 Miss. 279 ; Smith v. Brady, 17 N. Y. 173 ; Ginther v. Shultz, 40 Ohio St. 104 ; Posey v. Garth, 7 Mo. 94 ; Beach v. Mullin, 5 Vroom, 343 ; Hartman v. Meighan, 171 Penn. | 1 | 1906–1906 |
Posey v. Garth
neutral
1 sentence1906The weight of authority is the same in other jurisdictions; Forman & Co. Proprietary v. The Ship Liddesdale, [1900] A. C. 190; Hansbrough v. Peck, 5 Wall. 497 ; Scheible v. Klein, 89 Mich. 376 ; Kohn v. Fandel, 29 Minn. 470 ; Timberlake v. Thayer, 71 Miss. 279 ; Smith v. Brady, 17 N. Y. 173 ; Ginther v. Shultz, 40 Ohio St. 104 ; Posey v. Garth, 7 Mo. 94 ; Beach v. Mullin, 5 Vroom, 343 ; Hartman v. Meighan, 171 Penn. | 1 | 1906–1906 |
Scheible v. Klein
green
1 sentence1906The weight of authority is the same in other jurisdictions; Forman & Co. Proprietary v. The Ship Liddesdale, [1900] A. C. 190; Hansbrough v. Peck, 5 Wall. 497 ; Scheible v. Klein, 89 Mich. 376 ; Kohn v. Fandel, 29 Minn. 470 ; Timberlake v. Thayer, 71 Miss. 279 ; Smith v. Brady, 17 N. Y. 173 ; Ginther v. Shultz, 40 Ohio St. 104 ; Posey v. Garth, 7 Mo. 94 ; Beach v. Mullin, 5 Vroom, 343 ; Hartman v. Meighan, 171 Penn. | 1 | 1906–1906 |
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.