9 Massachusetts opinions name it 2 courts 1976–2025 2 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. Johnsongreen2 sentences2023See Commonwealth v. Johnson, 27 Mass. App. Ct. 746, 751-752 (1989). 1994We look to a set of factors on the issue of vindictiveness, see Commonwealth v. Johnson, 27 Mass. App. Ct. at 751 -752: evidence of pressure on the defendant to accept a plea or of the judge’s displeasure in the defendant’s refusal of the offer; the severity of the sentence in relation to the sentence authorized by statute, here life imprisonment; and the Commonwealth’s recommended sentence, here twenty-five to thirty-five years. 6 We conclude that the defendant was not unfairly tried or vindictively sentenced. 4. | 1 | 2 |
Commonwealth v. Niemicgreen1 sentence2025Because this aspect of the argument was improper, our assessment of the risk that justice miscarried is guided by a familiar set of factors, including "whether 'defense counsel seasonably objected to the arguments at trial[,] . . . whether the judge's instructions mitigated the error[,] . . . whether the errors in the arguments went to the heart of the issues at trial or concerned collateral matters[,] . . . whether the jury would be able to sort out the excessive claims made by the prosecutor[,] . . . and whether the Commonwealth's case was so overwhelming that the errors did not prejudice th | 1 | 1 |
Neely, Trustee v. Peoples Bankgreen2 sentences2015Id. at 73. 2015Id. at 73. | 1 | 1 |
Morrissey v. Brewergreen1 sentence2013Viewed against the goal of providing an accurate determination whether revocation is proper, these factors include the Commonwealth’s interest in expeditiously containing the threat posed by, and imposing punishment upon, noncompliant probationers; the Commonwealth’s interest in “informality, flexibility, and economy” in probation revocation proceedings, Gagnon v. Scarpelli, supra; and the probationer’s conditional, rather than absolute, liberty interest, see Morrissey v. Brewer, 408 U.S. 471, 480 (1972).* *** 9 Turning to the case before us, we first address the degree to which the hearing im | 1 | 1 |
Michigan v. Mosleygreen1 sentence1976Michigan v. Mosley, 423 U. S. 96, 101-103 (1975). 3. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gagnon v. Scarpelli
red
1 sentence2013Viewed against the goal of providing an accurate determination whether revocation is proper, these factors include the Commonwealth’s interest in expeditiously containing the threat posed by, and imposing punishment upon, noncompliant probationers; the Commonwealth’s interest in “informality, flexibility, and economy” in probation revocation proceedings, Gagnon v. Scarpelli, supra; and the probationer’s conditional, rather than absolute, liberty interest, see Morrissey v. Brewer, 408 U.S. 471, 480 (1972).* *** 9 Turning to the case before us, we first address the degree to which the hearing im | 1 | 2013–2013 |
Fort Halifax Packing Co. v. Coyne
green
1 sentence2009Congress recognized that the “most efficient way” for employers to meet their responsibilities is to “establish a uniform administrative scheme, which provides a set of standard procedures to guide processing of claims and disbursement of benefits.” Id. | 1 | 2009–2009 |
Moragne v. States Marine Lines, Inc.
green
2 sentences2008After a thorough and detailed historical discussion, the Supreme Court concluded that “the history of the common-law role indicates that [Lord Ellenborough’s role] was based on a particular set of factors that [have] long since been thrown into discard even in England, and that had never existed in this country at all.” Id. at 381 . 35 Reasoning that where a duty exists at common law, “nothing in ordinary notions of justice suggests that a violation should be nonactionable simply because it was serious enough to cause death,” id., the Court therefore rejected Lord Ellenborough’s role and held 2008After a thorough and detailed historical discussion, the Supreme Court concluded that “the history of the common-law role indicates that [Lord Ellenborough’s role] was based on a particular set of factors that [have] long since been thrown into discard even in England, and that had never existed in this country at all.” Id. at 381 . 35 Reasoning that where a duty exists at common law, “nothing in ordinary notions of justice suggests that a violation should be nonactionable simply because it was serious enough to cause death,” id., the Court therefore rejected Lord Ellenborough’s role and held | 1 | 2008–2008 |
Commonwealth v. Coplin
green
1 sentence2002The complete set of warnings given at the time of arrest did not carry over to the events relatively soon after at the police station. 6 Id. at 481-483 . | 1 | 2002–2002 |
Commonwealth of the Northern Mariana Islands v. Mariano Faisao Mendiola
green
1 sentence2002The case of Commonwealth v. Mendiola, 976 F.2d 475 (9th Cir. 1992), involving facts quite similar to those at bar, is instructive. | 1 | 2002–2002 |
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.