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9 Massachusetts opinions name it 3 courts 1990–2016 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. Oliveiragreen2 sentences2001However, it is now settled that the Fuller standard applies to a broader class of records including those subject to the domestic violence counseling privilege, Commonwealth v. Tripolone, 425 Mass. 487, 489 (1997), and the patient-psychotherapist privilege, Commonwealth v. Oliveira, 431 Mass. 609, 616-17 (2000). 2001However, it is now settled that the Fuller standard applies to a broader class of records including those subject to the domestic violence counseling privilege, Commonwealth v. Tripolone, 425 Mass. 487, 489 (1997), and the patient-psychotherapist privilege, Commonwealth v. Oliveira, 431 Mass. 609, 616-17 (2000). | 3 | 3 |
Commonwealth v. Tripolonegreen2 sentences2001However, it is now settled that the Fuller standard applies to a broader class of records including those subject to the domestic violence counseling privilege, Commonwealth v. Tripolone, 425 Mass. 487, 489 (1997), and the patient-psychotherapist privilege, Commonwealth v. Oliveira, 431 Mass. 609, 616-17 (2000). 2001However, it is now settled that the Fuller standard applies to a broader class of records including those subject to the domestic violence counseling privilege, Commonwealth v. Tripolone, 425 Mass. 487, 489 (1997), and the patient-psychotherapist privilege, Commonwealth v. Oliveira, 431 Mass. 609, 616-17 (2000). | 2 | 2 |
Commonwealth v. Dwyergreen2 sentences2016See Dwyer, supra at 144 (“[Ajmong the most significant difficulties [with the Bishop-Fuller protocol] is the inability of *844 defendants to meet the stringent Fuller standard, even though statutorily privileged records may contain exculpatory evidence”). 2016See Dwyer, supra at 144 (“[Ajmong the most significant difficulties [with the Bishop-Fuller protocol] is the inability of *844 defendants to meet the stringent Fuller standard, even though statutorily privileged records may contain exculpatory evidence”). | 1 | 1 |
Commonwealth v. Bishopgreen2 sentences2016See also Commonwealth v. Bishop, 416 Mass. 169 (1993); Commonwealth v. Fuller, 423 Mass. 216 (1996). 2016See also Commonwealth v. Bishop, 416 Mass. 169 (1993); Commonwealth v. Fuller, 423 Mass. 216 (1996). | 1 | 1 |
Commonwealth v. Westbrookgreen2 sentences2007Commonwealth v. Fuller, supra. See Commonwealth v. Westbrook, 58 Mass. App. Ct. 692, 698 (2003) (notations in rape victim’s medical record of suicidal ideation properly excluded at trial where they did not imply inability to perceive, recollect, and recall). 10 Here, the defendant’s proffer does not provide a factual basis for demonstrating that the privileged materials mentioned in either the victim’s pediatric record or the UMass evaluation were relevant and material to any issue in the case. 2007Commonwealth v. Fuller, supra. See Commonwealth v. Westbrook, 58 Mass. App. Ct. 692, 698 (2003) (notations in rape victim’s medical record of suicidal ideation properly excluded at trial where they did not imply inability to perceive, recollect, and recall). 10 Here, the defendant’s proffer does not provide a factual basis for demonstrating that the privileged materials mentioned in either the victim’s pediatric record or the UMass evaluation were relevant and material to any issue in the case. | 1 | 1 |
Commonwealth v. Oliveiragreen2 sentences2004See Commonwealth v. Oliveira, 431 Mass. 609, 616-617 (2000), S.C., 438 Mass. 325 (2002); Commonwealth v. Zane Z., 51 Mass. App. Ct. 135, 142-143 (2001). 2004See Commonwealth v. Oliveira, 431 Mass. 609, 616-617 (2000), S.C., 438 Mass. 325 (2002); Commonwealth v. Zane Z., 51 Mass. App. Ct. 135, 142-143 (2001). | 1 | 1 |
Commonwealth v. Zane Z.green2 sentences2004See Commonwealth v. Oliveira, 431 Mass. 609, 616-617 (2000), S.C., 438 Mass. 325 (2002); Commonwealth v. Zane Z., 51 Mass. App. Ct. 135, 142-143 (2001). 2004See Commonwealth v. Oliveira, 431 Mass. 609, 616-617 (2000), S.C., 438 Mass. 325 (2002); Commonwealth v. Zane Z., 51 Mass. App. Ct. 135, 142-143 (2001). | 1 | 1 |
Commonwealth v. Neumyergreen2 sentences2002Cf. Commonwealth v. Neumyer, 432 Mass. at 32-33 (affidavit set forth sufficient factors to establish that the victim’s conversation with a rape counselor was the “turning point” in the case, thus meeting the Fuller standard). 2002Cf. Commonwealth v. Neumyer, 432 Mass. at 32-33 (affidavit set forth sufficient factors to establish that the victim’s conversation with a rape counselor was the “turning point” in the case, thus meeting the Fuller standard). | 1 | 1 |
Phelps v. MacIntyregreen1 sentence1990See Phelps v. MacIntyre, 397 Mass. 459, 461 (1986); 10A Wright & Miller, § 2728 (1983). | 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. Fuller
green
2 sentences2001The motion seeking access to those additional records was pending as of the date of this court’s decision in Commonwealth v. Fuller, supra, and the defendant was therefore required to submit an affidavit that met the more stringent Fuller standard. 2001The motion seeking access to those additional records was pending as of the date of this court’s decision in Commonwealth v. Fuller, supra, and the defendant was therefore required to submit an affidavit that met the more stringent Fuller standard. | 4 | 2001–2016 |
Commonwealth v. Poitras
green
2 sentences2007The motion’s broad claims concerning the victim’s lack of credibility as a result of mental health problems are entirely speculative and lack the specificity and reasonableness required under the heightened Fuller standard. 9 See Commonwealth v. Poitras, supra. The mere fact of a victim’s mental health referral at or about the time she first revealed the abuse, without more, does not amount to a “credible showing” under Fuller. 2007The motion’s broad claims concerning the victim’s lack of credibility as a result of mental health problems are entirely speculative and lack the specificity and reasonableness required under the heightened Fuller standard. 9 See Commonwealth v. Poitras, supra. The mere fact of a victim’s mental health referral at or about the time she first revealed the abuse, without more, does not amount to a “credible showing” under Fuller. | 1 | 2007–2007 |
Bernard v. Commonwealth
green
2 sentences2001For example, records held by a hospital or treatment facility, see, e.g., G.L.c. 233, §21B (Rape Shield Law); a psychologist, see G.L.c. 112, §129A; a psychotherapist, G.L.c. 233, §20B, Commonwealth v. Bishop, 416 Mass. 116 (1993); a social worker, see G.L.c. 112, §135A, Bernard v. Commonwealth, 424 Mass. 32 (1996), or sexual assault counselor, see G.L.c. 233, §20J, Commonwealth v. Pare, 43 Mass.App.Ct. 566 (1997), aff’d, 427 Mass. 427 (1998), Commonwealth v. Fuller, 423 Mass. 216 (1996); a domestic violence counselor, see G.L.c. 233, §20K, Commonwealth v. Tripolone, 425 Mass. 487 (1997); or “ 2001For example, records held by a hospital or treatment facility, see, e.g., G.L.c. 233, §21B (Rape Shield Law); a psychologist, see G.L.c. 112, §129A; a psychotherapist, G.L.c. 233, §20B, Commonwealth v. Bishop, 416 Mass. 116 (1993); a social worker, see G.L.c. 112, §135A, Bernard v. Commonwealth, 424 Mass. 32 (1996), or sexual assault counselor, see G.L.c. 233, §20J, Commonwealth v. Pare, 43 Mass.App.Ct. 566 (1997), aff’d, 427 Mass. 427 (1998), Commonwealth v. Fuller, 423 Mass. 216 (1996); a domestic violence counselor, see G.L.c. 233, §20K, Commonwealth v. Tripolone, 425 Mass. 487 (1997); or “ | 1 | 2001–2001 |
Commonwealth v. Pare
green
2 sentences2001For example, records held by a hospital or treatment facility, see, e.g., G.L.c. 233, §21B (Rape Shield Law); a psychologist, see G.L.c. 112, §129A; a psychotherapist, G.L.c. 233, §20B, Commonwealth v. Bishop, 416 Mass. 116 (1993); a social worker, see G.L.c. 112, §135A, Bernard v. Commonwealth, 424 Mass. 32 (1996), or sexual assault counselor, see G.L.c. 233, §20J, Commonwealth v. Pare, 43 Mass.App.Ct. 566 (1997), aff’d, 427 Mass. 427 (1998), Commonwealth v. Fuller, 423 Mass. 216 (1996); a domestic violence counselor, see G.L.c. 233, §20K, Commonwealth v. Tripolone, 425 Mass. 487 (1997); or “ 2001For example, records held by a hospital or treatment facility, see, e.g., G.L.c. 233, §21B (Rape Shield Law); a psychologist, see G.L.c. 112, §129A; a psychotherapist, G.L.c. 233, §20B, Commonwealth v. Bishop, 416 Mass. 116 (1993); a social worker, see G.L.c. 112, §135A, Bernard v. Commonwealth, 424 Mass. 32 (1996), or sexual assault counselor, see G.L.c. 233, §20J, Commonwealth v. Pare, 43 Mass.App.Ct. 566 (1997), aff’d, 427 Mass. 427 (1998), Commonwealth v. Fuller, 423 Mass. 216 (1996); a domestic violence counselor, see G.L.c. 233, §20K, Commonwealth v. Tripolone, 425 Mass. 487 (1997); or “ | 1 | 2001–2001 |
Commonwealth v. Pare
green
2 sentences2001For example, records held by a hospital or treatment facility, see, e.g., G.L.c. 233, §21B (Rape Shield Law); a psychologist, see G.L.c. 112, §129A; a psychotherapist, G.L.c. 233, §20B, Commonwealth v. Bishop, 416 Mass. 116 (1993); a social worker, see G.L.c. 112, §135A, Bernard v. Commonwealth, 424 Mass. 32 (1996), or sexual assault counselor, see G.L.c. 233, §20J, Commonwealth v. Pare, 43 Mass.App.Ct. 566 (1997), aff’d, 427 Mass. 427 (1998), Commonwealth v. Fuller, 423 Mass. 216 (1996); a domestic violence counselor, see G.L.c. 233, §20K, Commonwealth v. Tripolone, 425 Mass. 487 (1997); or “ 2001For example, records held by a hospital or treatment facility, see, e.g., G.L.c. 233, §21B (Rape Shield Law); a psychologist, see G.L.c. 112, §129A; a psychotherapist, G.L.c. 233, §20B, Commonwealth v. Bishop, 416 Mass. 116 (1993); a social worker, see G.L.c. 112, §135A, Bernard v. Commonwealth, 424 Mass. 32 (1996), or sexual assault counselor, see G.L.c. 233, §20J, Commonwealth v. Pare, 43 Mass.App.Ct. 566 (1997), aff’d, 427 Mass. 427 (1998), Commonwealth v. Fuller, 423 Mass. 216 (1996); a domestic violence counselor, see G.L.c. 233, §20K, Commonwealth v. Tripolone, 425 Mass. 487 (1997); or “ | 1 | 2001–2001 |
Commonwealth v. Fuller
green
1 sentence1994Id. at 252 . | 1 | 1994–1994 |
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.