report defense (Massachusetts) · Go Syfert
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report defense in Massachusetts

9 Massachusetts opinions name it 3 courts 1947–2018 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.

Followed or applied (9)

CaseFollowedCited
Berlandi v. Commonwealthgreen
mass · 1943 · cited in 1 Massachusetts opinions naming this issue, 2004–2004
1 sentence

2004There was no opportunity for the parties to challenge either the contents or the admissibility of the report or to examine the housing inspector. 9 The judge’s reliance on the report was therefore in error. 10 The tenants also argue that the error was harmless, as there was other evidence to sustain the finding, including the testimony of the tenants, photographs the tenants took of the apartment, and the inspection reports of the Worcester department of public health and code enforcement. 11 See Berlandi v. Commonwealth, 314 Mass. 424, 450-451 (1943) (no prejudice where the trial judge stated

11
Commonwealth v. Bregoligreen
mass · 2000 · cited in 1 Massachusetts opinions naming this issue, 2003–2003
1 sentence

2003We agree with the Commonwealth that the defendant’s argument fails because “[i]t is not a violation of a pretrial discovery agreement if a witness’s testimony ‘differs somewhat’ from a report provided to the defense.” Commonwealth v. Bregoli, 431 Mass. 265, 271 (2000).

11
Commonwealth v. Rosegreen
massappct · 1982 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000See id. at 672 , citing Commonwealth v. Rose, 13 Mass. App. Ct. 951, 953 (1982).

11
Commonwealth v. Richenburggreen
mass · 1988 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000See id. at 672 , citing Commonwealth v. Rose, 13 Mass. App. Ct. 951, 953 (1982).

11
Shabshelowitz v. Fall River Gas Co.green
mass · 1992 · cited in 1 Massachusetts opinions naming this issue, 1993–1993
1 sentence

1993See Heck v. Commonwealth, 397 Mass. 336, 338-339 (1986); Shabshelowitz v. Fall River Gas Co., 412 Mass. 259, 260-262 (1992); Cusic v. Commonwealth, 412 Mass. 291, 293-294 (1992); Globe Newspaper Co. v. Massachusetts Bay Transp.

11
Cusic v. Commonwealthgreen
mass · 1992 · cited in 1 Massachusetts opinions naming this issue, 1993–1993
1 sentence

1993See Heck v. Commonwealth, 397 Mass. 336, 338-339 (1986); Shabshelowitz v. Fall River Gas Co., 412 Mass. 259, 260-262 (1992); Cusic v. Commonwealth, 412 Mass. 291, 293-294 (1992); Globe Newspaper Co. v. Massachusetts Bay Transp.

11
Heck v. Commonwealthgreen
mass · 1986 · cited in 1 Massachusetts opinions naming this issue, 1993–1993
1 sentence

1993See Heck v. Commonwealth, 397 Mass. 336, 338-339 (1986); Shabshelowitz v. Fall River Gas Co., 412 Mass. 259, 260-262 (1992); Cusic v. Commonwealth, 412 Mass. 291, 293-294 (1992); Globe Newspaper Co. v. Massachusetts Bay Transp.

11
Baker v. City of Lawrencegreen
mass · 1979 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986We construe the judge’s action as a report under rule 64 of an interlocutory order which “so affects the merits of the controversy that the matter ought to be determined by the Appeals Court before any further proceedings in the trial court.” 5 The plaintiff Patch’s passing reference in his brief to a Fifth Amendment right against being forced to choose between taking the examination and forfeiting his source of livelihood is disposed of in Baker v. Lawrence, 379 Mass. 322, 333 (1979).

11
Dynamics Research Corp. v. Analytic Sciences Corp.green
massappct · 1980 · cited in 1 Massachusetts opinions naming this issue, 1981–1981
1 sentence

1981Dynamics Research Corp. v. Analytic Sciences Corp., 9 Mass. App. Ct. 254, 277-278 (1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Commonwealth v. Hanright green
mass · 2013
1 sentence

2018While the paragraph in which this language appears refers to the disclosure of the court-appointed "examiner's report," the next paragraph clarifies that "[a]t the time [the examiner's report] is disclosed to the parties, the defendant shall provide the Commonwealth with a report of the defense psychiatric or psychological expert(s) as to the mental condition of the defendant at the relevant time." Id. 12 **135 The defendant argues that because rule 14 (b) (2) (B) (iii) contemplates *1185 an exchange of reports from both sides' experts-one by the defense ("a report of the defense psychiatric o

12018–2018
Commonwealth v. Zagrodny green
mass · 2004
1 sentence

2012Commonwealth v. Zagrodny, 443 Mass. at 102 .

12012–2012
Korb v. Albany Carpet Cleaning Co. green
mass · 1938
1 sentence

1947There is in the report no claim of inconsistency between the allowance of the first four rulings and the finding for the plaintiff and no such issue was argued., Korb v. Albany Carpet Cleaning Co., 301 Mass. 317, at 318 .

11947–1947

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (3)

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.

Where else courts name it

TX 96 (1979–2026) IL 46 (1969–2024) OH 37 (1986–2026) CA 34 (1962–2025) NY 31 (1929–2023) PA 25 (1893–2024) IN 17 (1893–2020) NJ 13 (1953–2024) MI 13 (1969–2024) MT 11 (2010–2025) KS 9 (1972–2016) CT 9 (1912–2022) LA 9 (1978–2017) ME 9 (1977–2026) MA 9 (1947–2018) WI 8 (1995–2025) MO 8 (1896–2022) CO 8 (1976–2025) NM 8 (1982–2012) WA 7 (1941–2025) GA 7 (1940–2025) MN 7 (1944–2008) FL 7 (1991–2016) MD 7 (1968–2015) MS 7 (1968–2023) NC 6 (1966–2021) KY 6 (1880–2005) NV 6 (2014–2016) OR 5 (1994–2016) OK 5 (1996–2013) AL 5 (1858–1993) IA 5 (1970–2025) VA 4 (1990–2023) UT 4 (1980–2023) SC 4 (1906–2026) ND 4 (2001–2025) ID 3 (2010–2022) HI 3 (1996–2023) VT 3 (1912–1991) WV 3 (1897–2009) WY 2 (1975–2010) TN 2 (1955–2014)

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.

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