challenge presumption (Massachusetts) · Go Syfert
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challenge presumption in Massachusetts

8 Massachusetts opinions name it 2 courts 1986–2026 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.

Followed or applied (6)

CaseFollowedCited
Doe, SORB No. 523391 v. Sex Offender Registry Boardgreen
massappct · 2019 · cited in 1 Massachusetts opinions naming this issue, 2026–2026
1 sentence

2026See Doe No. 68549, 470 Mass. at 109-110 ; Doe, Sex Offender Registry Bd. No. 523391 v. Sex Offender Registry Bd., 95 Mass. App. Ct. 85, 88 (2019).

11
Doe, Sex Offender Registry Board No. 68549 v. Sex Offender Registry Boardgreen
mass · 2014 · cited in 1 Massachusetts opinions naming this issue, 2026–2026
1 sentence

2026See Doe No. 68549, 470 Mass. at 109-110 ; Doe, Sex Offender Registry Bd. No. 523391 v. Sex Offender Registry Bd., 95 Mass. App. Ct. 85, 88 (2019).

11
Batson v. Kentuckygreen
scotus · 1986 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024When the prosecutor reiterated that it was based on transgender identity, defense counsel said: "[T]he Commonwealth all but just admitted a Batson1 violation 1 See Batson v. Kentucky, 476 U.S. 79, 89 (1986) ("the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race"); Commonwealth v. Soares, 377 Mass. 461, 486 , cert. denied, 444 U.S. 881 (1979), 2 right here," and again, "The Commonwealth has all but admitted a Batson violation . . . ." The original transcript of the proceeding incorrectly recorded these two statements as: "[T]he Commonw

11
White Dove, Inc. v. Director of Division of Marine Fisheriesgreen
mass · 1980 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006White Dove, Inc. v. Director of the Div. of Marine Fisheries, 380 Mass. 471, 477 (1980).

11
Denneny v. Zoning Board of Appealsgreen
massappct · 2003 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
2 sentences

2005In Denneny v. Zoning Bd. of Appeals of Seekonk, 59 Mass. App. Ct. at 212 , we acknowledged the requirement of Watros that a challenge to the presumption of standing that is held by an abutter must be “supported by evidence.” We found that the opponent to the plaintiff’s claim of standing had, at trial, provided abundant affirmative evidence to refute the plaintiffs various claims of legally cognizable injury (devaluation of her property due to the construction of a communications tower, structural integrity of the tower, and radio frequency interference).

2005Id. at 213-214.

11
Commonwealth v. Pressleygreen
mass · 1983 · cited in 1 Massachusetts opinions naming this issue, 2004–2004
1 sentence

2004Commonwealth v. Pressley, 390 Mass. 617, 619-620 (1983). d.

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 (5)

CaseCitedYears
Commonwealth v. Soares green
mass · 1979
1 sentence

2024When the prosecutor reiterated that it was based on transgender identity, defense counsel said: "[T]he Commonwealth all but just admitted a Batson1 violation 1 See Batson v. Kentucky, 476 U.S. 79, 89 (1986) ("the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race"); Commonwealth v. Soares, 377 Mass. 461, 486 , cert. denied, 444 U.S. 881 (1979), 2 right here," and again, "The Commonwealth has all but admitted a Batson violation . . . ." The original transcript of the proceeding incorrectly recorded these two statements as: "[T]he Commonw

12024–2024
Massachusetts v. Soares green
scotus · 1979
1 sentence

2024When the prosecutor reiterated that it was based on transgender identity, defense counsel said: "[T]he Commonwealth all but just admitted a Batson1 violation 1 See Batson v. Kentucky, 476 U.S. 79, 89 (1986) ("the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race"); Commonwealth v. Soares, 377 Mass. 461, 486 , cert. denied, 444 U.S. 881 (1979), 2 right here," and again, "The Commonwealth has all but admitted a Batson violation . . . ." The original transcript of the proceeding incorrectly recorded these two statements as: "[T]he Commonw

12024–2024
U.S. Bank National Ass'n v. Schumacher green
mass · 2014
2 sentences

2015Given this, we find no compelling reason to bless a notice of default that fails accurately to notify Massachusetts mortgagors of their right, and need, to initiate a legal action if they seek to challenge the validity of the foreclosure. 20 Nevertheless, the defendants argue that our decision in Schumacher, 467 Mass. 421 , controls the result in this case and signifies that strict compliance with paragraph 22 is not required as a condition of a valid foreclosure sale. 21 In Schumacher , the mortgagor, who was in default, received a notice of default from a mortgage servicer that inaccurately

2015Given this, we find no compelling reason to bless a notice of default that fails accurately to notify Massachusetts mortgagors of their right, and need, to initiate a legal action if they seek to challenge the validity of the foreclosure. 20 Nevertheless, the defendants argue that our decision in Schumacher, 467 Mass. 421 , controls the result in this case and signifies that strict compliance with paragraph 22 is not required as a condition of a valid foreclosure sale. 21 In Schumacher , the mortgagor, who was in default, received a notice of default from a mortgage servicer that inaccurately

12015–2015
Cc v. Ab green
mass · 1990
2 sentences

1990That the common law presumption of legitimacy may now be rebutted, in some circumstances, by clear and convincing evidence, C.C. v. A.B., supra at 687 , the same standard for rebuttal of the statutory presumption, does not suggest that the statutory concept “born out of wedlock" applies in these circumstances. *588 Not only does the statute create a presumption that the husband is the child’s father, but it precludes a challenge to that presumption being raised by a man in the same circumstances as the person alleged to be the father in this case.

1990C.C. v. A.B., supra at 682 .

11990–1990
Commonwealth v. Dane Entertainment Services, Inc. green
massappct · 1985
1 sentence

1986The Appeals Court has properly dealt with a challenge to an instruction that the jury must apply community standards of “today.” See Commonwealth v. Dane Entertainment Servs., Inc., 19 Mass. App. Ct. at 581 .

11986–1986

Where else courts name it

CA 42 (1978–2025) OR 23 (2000–2025) IN 20 (1976–2014) WA 20 (1941–2025) NY 18 (1940–2026) TX 16 (1997–2023) UT 16 (2004–2020) PA 15 (1974–2026) MI 13 (1978–2025) IL 11 (1951–2024) IA 11 (1974–2024) OH 9 (1983–2021) MO 9 (1967–2024) MA 8 (1986–2026) WI 7 (2004–2019) FL 7 (1990–2016) NC 6 (2013–2020) VA 6 (1991–2016) CO 6 (1995–2025) KS 5 (2016–2019) MT 5 (1931–2011) DC 4 (1997–2024) GA 3 (1984–2018) OK 3 (1987–2001) CT 3 (1977–1997) LA 3 (1994–2014) SD 3 (1977–1992) DE 3 (2016–2023) MD 2 (1997–2000) AZ 2 (2000–2019) MS 2 (1986–2026) NH 2 (1983–2016) AR 2 (2001–2003) NE 2 (1974–1983) AL 2 (1991–2017) ND 2 (1988–2023) RI 2 (2012–2012) AK 2 (1988–2020) NJ 2 (2009–2012) NM 2 (1990–2012)

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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