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9 Massachusetts opinions name it 3 courts 1987–2023 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. Haggertygreen2 sentences2015We are persuaded that the cumulative effect of these errors created a substantial likelihood of a miscarriage of justice. 23 “This is not a case where ‘arguably reasoned tactical or stra *168 tegic judgments ... are called into question . . . .’ Rather, in this case, defense counsel did not investigate the only realistic defense the defendant had to the charge of murder in the first degree.” Commonwealth v. Haggerty, 400 Mass. at 441 , quoting Commonwealth v. Rondeau, 378 Mass. 408, 413 (1979). 2011Contrast Baker, 528 Mass. at 529 (and counsel failed to pursue any avenue of investigation with regard to the hair) and Commonwealth v. Haggerty, 400 Mass. 437, 441 (1987) (finding ineffective assistance of counsel when defense counsel did not investigate the only realistic defense defendant had). 2. | 3 | 4 |
Commonwealth v. Alcidegreen1 sentence2023Commonwealth v. Alcide, 472 Mass. 150, 168 (2015). | 1 | 1 |
Commonwealth v. Rondeaugreen1 sentence2015We are persuaded that the cumulative effect of these errors created a substantial likelihood of a miscarriage of justice. 23 “This is not a case where ‘arguably reasoned tactical or stra *168 tegic judgments ... are called into question . . . .’ Rather, in this case, defense counsel did not investigate the only realistic defense the defendant had to the charge of murder in the first degree.” Commonwealth v. Haggerty, 400 Mass. at 441 , quoting Commonwealth v. Rondeau, 378 Mass. 408, 413 (1979). | 1 | 1 |
Commonwealth v. Morangreen1 sentence2007Relying on Commonwealth v. Moran, 387 Mass. 644, 655-661 (1982), the defendant claims that he was deprived of his Federal and State constitutional rights to due process and a fair trial by the judge’s refusal to sever his trial from that of Hendricks. 8 He contends that their defenses were mutually antagonistic and that the only realistic defense of each was to shift the blame to the other. | 1 | 1 |
Commonwealth v. Licatagreen1 sentence2005Nor is this a case where defense counsel “failed to pursue adequately ... the only realistic defense.” Commonwealth v. Licata, 412 Mass. 654, 661 (1992). | 1 | 1 |
Commonwealth v. Hillgreen1 sentence2004See Commonwealth v. Haggerty, 400 Mass. 437, 441-442 (1987); Commonwealth v. Hill, 432 Mass. 704, 717-719 (2000). | 1 | 1 |
Commonwealth v. Cunninghamgreen1 sentence1995“Severance is not required because the defendants ... asserted antagonistic defenses.” Commonwealth v. Cunningham, 405 Mass. 646, 654 (1989). | 1 | 1 |
Commonwealth v. Westmorelandgreen1 sentence1987See, e.g., Commonwealth v. Westmoreland, 388 Mass. 269 (1983); Commonwealth v. Street, 388 Mass. 281 (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. Saferian
green
2 sentences2015This also is not a case in which the defendant failed “to point out. .. some issue of fact. . . that could have been but was not exploited ... in the original proceedings.” Commonwealth v. Saferian, 366 Mass. at 98 . 2005Shuman cannot claim that he was deprived of an “otherwise available, substantial ground of defence.” Commonwealth v. Saferian, supra. Trial counsel’s effective presentation of a well-prepared insanity defense, raising the link between Zoloft and aggression, rather than a pure “Zoloft defense,” was not a serious failure on his part, nor is any difference between the two sufficient to create a substantial likelihood of a miscarriage of justice. c. | 2 | 2005–2015 |
Commonwealth v. Street
green
1 sentence1987See, e.g., Commonwealth v. Westmoreland, 388 Mass. 269 (1983); Commonwealth v. Street, 388 Mass. 281 (1983). | 1 | 1987–1987 |
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.