9 Massachusetts opinions name it 3 courts 1976–2012 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. McCarthygreen2 sentences2011The defendant has filed two motions to dismiss, one as to all indictments, based on insufficient evidence before the grand jury to establish probable cause, see Commonwealth v. McCarthy, 385 Mass. 160, 163 (1982); and one limited to the possession charges, based on claimed unconstitutionality of the Commonwealth’s firearms licensing statutes. 2011Mr. Gonzalez now brings a Mass.R.Crim.P. 13 and Commonwealth v. McCarthy, 385 Mass. 160, 163 (1982), motion to dismiss the kidnapping indictment because the alleged victim was his son, G.G. 1 Relying on Commonwealth v. Beals, 405 Mass. 550, 553-56 (1989), Mr. Gonzalez argues that absent a court order denying him custody, the indictment for kidnapping his son cannot stand. | 3 | 4 |
Commonwealth v. Romangreen1 sentence2012As relevant to this case, that statute provides that: “Whoever knowingly. . . possesses a .. . photograph or other similar visual reproduction, ... of any child whom the person knows or reasonably should know to be under the age of 18 years of age and such child is: . . . (vii) depicted or portrayed in any pose, posture or setting involving lewd exhibition of the unclothed genitals, pubic area, buttocks or, if such person is female, a fully or partially developed breast of the child; with knowledge of the nature or content thereof shall be punished . . .” 4 When presented with a McCarthy motio | 1 | 1 |
Brear v. Fagangreen1 sentence2011See Brear, 447 Mass. at 74-75 . | 1 | 1 |
Commonwealth v. Bealsgreen1 sentence2011Mr. Gonzalez now brings a Mass.R.Crim.P. 13 and Commonwealth v. McCarthy, 385 Mass. 160, 163 (1982), motion to dismiss the kidnapping indictment because the alleged victim was his son, G.G. 1 Relying on Commonwealth v. Beals, 405 Mass. 550, 553-56 (1989), Mr. Gonzalez argues that absent a court order denying him custody, the indictment for kidnapping his son cannot stand. | 1 | 1 |
Commonwealth v. Gonzalezgreen1 sentence2010Commonwealth v. Gonzalez, 443 Mass. 799, 810 (2005). | 1 | 1 |
Commonwealth v. Rosariogreen2 sentences2004The defendant Bilodeau filed a pretrial motion to suppress physical evidence and incriminating statements made while in custody at the Auburn police station on the ground that they were obtained beyond the six-hour “safe harbor” period described in Commonwealth v. Rosario, 422 Mass. 48, 56 (1996). 1 Because this court believes the following question is of substantial importance to the administration of justice and doubtful, and is not likely to be addressed other than by a Report, this Court is exercising its discretion to report the following question of law to the Appeals Court pursuant to M 2004The defendant Bilodeau filed a pretrial motion to suppress physical evidence and incriminating statements made while in custody at the Auburn police station on the ground that they were obtained beyond the six-hour “safe harbor” period described in Commonwealth v. Rosario, 422 Mass. 48, 56 (1996). 1 Because this court believes the following question is of substantial importance to the administration of justice and doubtful, and is not likely to be addressed other than by a Report, this Court is exercising its discretion to report the following question of law to the Appeals Court pursuant to M | 1 | 1 |
Stone v. Essex County Newspapers, Inc.green1 sentence1976No similar presumption of unnecessary suggestiveness has been adopted as to police-arranged confrontations. 7 As to the introduction of a standard intermediate between “preponderence” and “beyond a reasonable doubt,” see the discussion in Stone v. Essex County Newspapers, Inc., 367 Mass. 849, 870-871 (1975), and Quirico, J., concurring in part and dissenting in part, at 872-877. 8 For similar fact situations, see, e.g., United States v. Sanders, 479 F.2d 1193 (D.C. | 1 | 1 |
United States v. James O. Gambrill, United States of America v. Jerry L. Huntergreen1 sentence1976Cir. 1973); United States v. Gambrill, 449 F.2d 1148, 1150-1159 (D.C. | 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. Mathews
green
1 sentence2010This court previously has allowed the introduction of test results for occult blood, see Commonwealth v. Mathews, 450 Mass. 858 , 863 n.7 (2008), and cases cited, and to the extent that the blood test at issue did not reveal the origin, age, or identity of the blood, the defendant was free to explore these issues during cross-examination of the forensic chemist. | 1 | 2010–2010 |
Commonwealth v. O'DELL
green
1 sentence2004He now moves pursuant to Mass.R.Crim.P. 13 to dismiss the indictments under the state and federal constitutions, Commonwealth v. O'Dell, 392 Mass. 445 (1984), and Commonwealth v. McCarthy, 385 Mass. 160 (1982). | 1 | 2004–2004 |
United States v. Haywood Sanders
green
1 sentence1976No similar presumption of unnecessary suggestiveness has been adopted as to police-arranged confrontations. 7 As to the introduction of a standard intermediate between “preponderence” and “beyond a reasonable doubt,” see the discussion in Stone v. Essex County Newspapers, Inc., 367 Mass. 849, 870-871 (1975), and Quirico, J., concurring in part and dissenting in part, at 872-877. 8 For similar fact situations, see, e.g., United States v. Sanders, 479 F.2d 1193 (D.C. | 1 | 1976–1976 |
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.