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9 Massachusetts opinions name it 2 courts 1999–2026 4 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. Milliengreen2 sentences2026Commonwealth v. Millien, 474 Mass. 417, 432 (2016) ("where counsel was ineffective for failing to present an available ground of defense, that defense is 'substantial' for Saferian purposes where we have a serious doubt whether the jury verdict would have been the same had the defense been presented"). 2018Where a defendant is claiming that "counsel was ineffective for failing to present an available ground of defense, that defense is 'substantial' for Saferian purposes where we have a serious doubt whether the jury verdict would have been the same had the defense been presented." Millien , 474 Mass. at 432 . | 1 | 3 |
Commonwealth v. Lysgreen1 sentence2026See Lys, supra at 10-11 ; Clarke, supra at 47-48 . | 1 | 1 |
Commonwealth v. Seinogreen1 sentence2023See Commonwealth v. Yat Fung Ng, 489 Mass. 242 , 252-253 (2022), S.C., 491 Mass. 247 (2023) ("any loss of credibility suffered as a result of trial counsel's [line of questioning] did not . . . deprive the defendant of an available ground of defense"); Facella, 478 Mass. at 412 ("typically we do 65 not characterize strategic decisions as ineffective assistance merely because they prove unsuccessful").31 Second, with respect to Stratton's testimony regarding the video evidence, because the admission of such testimony was not prejudicial error, as discussed supra, any failure of counsel to objec | 1 | 1 |
Commonwealth v. Gallantgreen2 sentences2018See Commonwealth v. Gallant , 373 Mass. 577 , 581, 369 N.E.2d 707 (1977) ("A sufficiently definite warning may be achieved by judicial construction"). 1 Although he failed to file a notice of appeal from the denial of his motion for new trial, the defendant further asserts that the motion should have been allowed on the ground that his trial counsel was ineffective for failing to adduce evidence to properly challenge whether the defendant was operating a "motor vehicle." For the reasons we have explained, any such challenge would have been unavailing, and counsel's failure to raise the issue a 2018See Commonwealth v. Gallant , 373 Mass. 577 , 581, 369 N.E.2d 707 (1977) ("A sufficiently definite warning may be achieved by judicial construction"). 1 Although he failed to file a notice of appeal from the denial of his motion for new trial, the defendant further asserts that the motion should have been allowed on the ground that his trial counsel was ineffective for failing to adduce evidence to properly challenge whether the defendant was operating a "motor vehicle." For the reasons we have explained, any such challenge would have been unavailing, and counsel's failure to raise the issue a | 1 | 1 |
Commonwealth v. Saferiangreen2 sentences2018See Commonwealth v. Saferian , 366 Mass. 89 , 96, 315 N.E.2d 878 (1974). 2018See Commonwealth v. Saferian , 366 Mass. 89 , 96, 315 N.E.2d 878 (1974). | 1 | 1 |
Strickland v. Washingtongreen1 sentence2016See Strickland, 466 U.S. at 693 (“a defendant need not show that counsel’s deficient conduct more likely than not altered the outcome in the case”). | 1 | 1 |
Commonwealth v. Scullingreen1 sentence1999See Commonwealth v. Scullin, supra at 14 . (ii) We are satisfied as a result of his trial counsel’s action, that the defendant lost an available ground of defense. | 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. Clarke
red
2 sentences2026See Lys, supra at 10-11 ; Clarke, supra at 47-48 . 2016Clarke, supra at 47-48 , quoting Hill, supra. The judge found that the defendant did not have an available ground of defense and could not have negotiated a better plea agreement. | 2 | 2016–2026 |
Commonwealth v. Gulla
green
1 sentence2023See Commonwealth v. Yat Fung Ng, 489 Mass. 242 , 252-253 (2022), S.C., 491 Mass. 247 (2023) ("any loss of credibility suffered as a result of trial counsel's [line of questioning] did not . . . deprive the defendant of an available ground of defense"); Facella, 478 Mass. at 412 ("typically we do 65 not characterize strategic decisions as ineffective assistance merely because they prove unsuccessful").31 Second, with respect to Stratton's testimony regarding the video evidence, because the admission of such testimony was not prejudicial error, as discussed supra, any failure of counsel to objec | 1 | 2023–2023 |
Hill v. Lockhart
green
1 sentence2016Clarke, supra at 47-48 , quoting Hill, supra. The judge found that the defendant did not have an available ground of defense and could not have negotiated a better plea agreement. | 1 | 2016–2016 |