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9 Massachusetts opinions name it 2 courts 1977–2022 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 |
|---|---|---|
Louis Vuitton Malletier S.A. v. LY USA, Inc.green2 sentences2014As we recognized in Soe, Sex Offender Registry Bd. No. 252997 v. Sex Offender Registry Bd., 466 Mass. 381, 391-392 (2013), quoting Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 97, 99-100 (2d Cir. 2012), “the person seeking a continuance or a stay of proceedings ‘bears the burden of establishing its need,’ ” and “a particularized inquiry into the competing circumstances of, and the competing interests in, the case” is required. 2013The decision whether to grant the continuance or stay “ultimately requires and must rest upon ‘a particularized inquiry into the circumstances of, and the competing interests in, the case.’ ” Louis Vuitton, supra at 99-100 , quoting Banks v. Yokemick, 144 F. Supp. 2d 272, 275 (S.D.N.Y. 2001). | 1 | 2 |
Commonwealth v. Nettogreen1 sentence2022See Netto, 438 Mass. at 702-703 ; Palmer, 59 Mass. App. Ct. at 426 . [Note 15] The jury, as erroneously instructed, could have convicted Desiderio on a joint venture theory based on his having helped (1) plan the crimes using his knowledge of the victim's house and (2) execute them through his cell phone calls with Lavin while Lavin was in the victim's house and Desiderio stayed at home. | 1 | 1 |
Commonwealth v. Taylorgreen1 sentence2014See Commonwealth v. Taylor, 428 Mass. 623, 627-628 (2007) (discussing pretrial continuances without change of plea in criminal cases; stating that judges must exercise discretion to grant continuances “only when based upon cause and only when necessary to insure that the interests of justice are served,” citing Mass. R. | 1 | 1 |
Soe v. Sex Offender Registry Boardgreen1 sentence2014As we recognized in Soe, Sex Offender Registry Bd. No. 252997 v. Sex Offender Registry Bd., 466 Mass. 381, 391-392 (2013), quoting Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 97, 99-100 (2d Cir. 2012), “the person seeking a continuance or a stay of proceedings ‘bears the burden of establishing its need,’ ” and “a particularized inquiry into the competing circumstances of, and the competing interests in, the case” is required. | 1 | 1 |
Banks v. Yokemickgreen1 sentence2013The decision whether to grant the continuance or stay “ultimately requires and must rest upon ‘a particularized inquiry into the circumstances of, and the competing interests in, the case.’ ” Louis Vuitton, supra at 99-100 , quoting Banks v. Yokemick, 144 F. Supp. 2d 272, 275 (S.D.N.Y. 2001). | 1 | 1 |
Commonwealth v. Averygreen1 sentence1992See Commonwealth v. Avery, supra at 142 . 2. | 1 | 1 |
Commonwealth v. a Juvenilegreen1 sentence1992The judge further instructed the jury that they “may also consider the intelligence of the particular witnesses who have testified and their ability or capacity to relate to you the matters to which they testify in court.” In view of those instructions, and in light of the fact that Sarah’s credibility as a witness “was highlighted and vigorously explored throughout the trial, and could not have failed to attract and engage the active consideration of the jury,” *198 Commonwealth v. A Juvenile, 21 Mass. App. Ct. 121, 125 (1985), we conclude that the judge properly exercised his discretion in d | 1 | 1 |
United States v. Kenneth Wayne Goodwin, Charles William Bullard and Grover Eugene Beavergreen1 sentence1989United States v. Goodwin, 625 F.2d 693, 701 (5th Cir. 1980). | 1 | 1 |
United States ex rel. Feldt v. Follettegreen1 sentence1982See e.g., People v. Feldt, supra; State v. Koch, supra. Underlying many of the decisions, however, is the concern that an instruction which singles out the testimony of the child witness for special scrutiny may infringe upon the jury’s exclusive role as arbiter of credibility. | 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. Palmer
green
1 sentence2022See Netto, 438 Mass. at 702-703 ; Palmer, 59 Mass. App. Ct. at 426 . [Note 15] The jury, as erroneously instructed, could have convicted Desiderio on a joint venture theory based on his having helped (1) plan the crimes using his knowledge of the victim's house and (2) execute them through his cell phone calls with Lavin while Lavin was in the victim's house and Desiderio stayed at home. | 1 | 2022–2022 |
Ballarin, Inc. v. Licensing Board
green
1 sentence2006Proper assessment of “need” for another liquor store, however, requires a more particularized inquiry: “the test [for need] includes an assessment of public want and the appropriateness of a liquor license at a particular location.” Ballarin, Inc. v. Licensing Bd. of Boston, 49 Mass. App. Ct. at 511 . | 1 | 2006–2006 |
Commonwealth v. Rodriguez
green
1 sentence2002So that in order to preserve the particularized inquiry value, which is a real value in the long run, we’re still going to require the State in effect to make its proof knowing perfectly well the State can do it in most cases.” Here, as in Commonwealth v. Rodriguez, supra, the informants did not provide the kind of “rare” information about the absence of weapons that would detract from the officers’ otherwise reasonable suspicion about the likely presence of weapons in the apartment. | 1 | 2002–2002 |
State v. Koch
green
1 sentence1982See e.g., People v. Feldt, supra; State v. Koch, supra. Underlying many of the decisions, however, is the concern that an instruction which singles out the testimony of the child witness for special scrutiny may infringe upon the jury’s exclusive role as arbiter of credibility. | 1 | 1982–1982 |
State v. Gregory
green
2 sentences1977This suggestion follows in the tracks of an opinion by Jacobs, J., who led his court to a like conclusion in State v. Gregory, 66 N.J. 510 (1975). 1977This suggestion follows in the tracks of an opinion by Jacobs, J., who led his court to a like conclusion in State v. Gregory, 66 N.J. 510 (1975). | 1 | 1977–1977 |
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.