55 Massachusetts opinions name it 3 courts 1983–2026 9 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. Toneygreen2 sentences2018The juvenile's second challenge, which we review for prejudicial error, concerns the consciousness of guilt instruction -- in particular, the judge's denial of his request for a juvenile-specific instruction. 4 A judge is not required, however, to "bring to the attention of the jury the defendant's own innocent explanation for the alleged flight." Commonwealth v. Toney , 385 Mass. 575 , 585 (1982). 5 Rather, "consciousness of innocence [is] a matter more appropriately left to the defendant's closing argument." Commonwealth v. Knap , 412 Mass. 712 , 717 (1992). 2015A consciousness of guilt instruction may be given where “there is an ‘inference of guilt that may be drawn from evidence of flight, concealment, or similar acts,’ such as false statements to the police, destruction or concealment of evidence, or bribing or threatening a witness.” Commonwealth v. Stuckich, 450 Mass. 449, 453 (2008), quoting from Commonwealth v. Toney, 385 Mass. 575, 584 (1982). | 8 | 14 |
Commonwealth v. Stuckichgreen2 sentences2023A consciousness of guilt instruction is warranted where "there is an inference of guilt that may be drawn from evidence of flight, concealment, or similar acts." Commonwealth v. Morris, 465 Mass. 733, 738 (2013), quoting Commonwealth v. Stuckich, 450 Mass. 449, 453 (2008). "[A] judge need only assess the relevancy of the evidence" in order to determine whether to instruct on consciousness of guilt. 2017"A consciousness of guilt instruction may be given where 'there is "an inference of guilt that may be drawn from evidence of flight, concealment, or similar acts," such as false statements to the police, destruction or concealment of evidence, or bribing or threatening a witness.' " Commonwealth v. Indrisano , 87 Mass. App. Ct. 709 , 718 (2015), quoting from Commonwealth v. Stuckich , 450 Mass. 449 , 453 (2008). | 8 | 11 |
Commonwealth v. Simmonsgreen2 sentences2009It is well established that evidence of consciousness of guilt is, standing alone, insufficient to prove guilt; in a case like this, in which consciousness of guilt evidence is supported by other evidence and neither party seeks an instruction upon it, the question whether to give a consciousness of guilt instruction “is left to the sound discretion of the judge, and it will not be error if he or she chooses not to instruct on the subject in the absence of a request.” Commonwealth v. Simmons, 419 Mass. 426, 436 (1995). 1998As we stated in Commonwealth v. Simmons, 419 Mass. 426, 435-436 (1995) (decided after this trial): The defendant asserts ineptness in his trial counsel’s failing to exercise all peremptory challenges; failing to raise the issue of the voluntariness of his statements to police before the jury; concealing his injuries, allegedly received during the struggle with the victim, from the jury; failing to object to statements made by the prosecutor during trial and closing argument; conceding guilt during closing argument; failing to object to the judge’s instructions on malice; requesting that the ju | 6 | 7 |
Commonwealth v. Morrisgreen2 sentences2026"To determine whether a consciousness of guilt instruction is warranted, a judge need only assess the relevancy of the evidence." Commonwealth v. Morris, 465 Mass. 733, 738 (2013). 2024"To determine whether a consciousness of guilt instruction is warranted, a judge need only assess the relevancy of the evidence." Commonwealth v. Morris, 465 Mass. 733, 738 (2013). | 5 | 6 |
Commonwealth v. Cruzgreen2 sentences1994After the appellant’s brief had been filed but before argument, the decision in Commonwealth v. Cruz, 416 Mass. 27 (1993), was published and the defendant’s appellate lawyer, thus alerted, undertook in a supplementary brief (a single justice had permitted its filing) to place the absence of a consciousness of guilt instruction on the agenda, of Pagan’s appeal. *793 Ordinarily, we would not entertain on appeal a question not placed before the lower court judge, Redgate, petitioner, ante 495, 499 (1993), but the Cruz opinion altered what this court had written about the responsibility of a trial 1994While the defendant correctly observes that in note 6 of the opinion, at 585-586, the Toney court described its instructions as “required” instructions, the court did so only to distinguish between the basic consciousness of guilt instructions and supplementary instructions applicable when evidence of flight is presented. 5 In Commonwealth v. Cruz, 416 Mass. 27, 30 (1993), the Supreme Judicial Court held that a judge’s failure to give consciousness of guilt instructions, even where the defendant has not requested them, is error. “[I]n light of Cruz , [it may] be the better part of wisdom to gi | 4 | 5 |
Commonwealth v. Clarkgreen2 sentences1993See Commonwealth v. Carver, 33 Mass. App. Ct. 378, 386 (1992); Commonwealth v. Clark, 20 Mass. App. Ct. 392, 396 (1985). 3 The reason for not having a mandatory rule, it *30 is said, is that it is a matter of trial tactics for a defense attorney to determine whether to request a consciousness of guilt instruction and an appellate court should not “second guess defense counsel’s decision.” See id. 1993See Commonwealth v. Carver, 33 Mass. App. Ct. 378, 386 (1992); Commonwealth v. Clark, 20 Mass. App. Ct. 392, 396 (1985). 3 The reason for not having a mandatory rule, it *30 is said, is that it is a matter of trial tactics for a defense attorney to determine whether to request a consciousness of guilt instruction and an appellate court should not “second guess defense counsel’s decision.” See id. | 4 | 4 |
Commonwealth v. Grocegreen2 sentences2015In those circumstances, the court concluded, the consciousness of guilt instruction might “have conveyed the notion to the jury that [the judge] believed that it was the defendant who fled and, thus, that the victim’s identification testimony was accurate.” Id. at 332 . 2009The defendant relies on Commonwealth v. Groce, 25 Mass. App. Ct. 327, 331-332 (1988) (Groce), to support his contention that the testimony from Reid and Lloyd that the shooter and his companions fled into Glendale Park did not warrant a consciousness of guilt instruction. | 3 | 5 |
Commonwealth v. Pinagreen2 sentences2025Commonwealth v. Pina, 430 Mass. 266, 267-275 (1999). -2- shortly after being transported to Brigham and Women’s Hospital. 2009See Commonwealth v. Pina, 430 Mass. 266, 272 (1999) (“As the Appeals Court [in Groce] reasoned, there is no rationale for a consciousness of guilt instruction where the only contested issue is identification and there is no dispute that the person fleeing the scene of the crime was the same as the assailant”). | 3 | 3 |
Commonwealth v. Trinhgreen2 sentences2025The judge explained, "I'm not saying that I find that evidence at all to be compelling, but I am going to consider it," and "I'm not saying . . . what I'm going to do with it." The defendant objected to the judge's ruling, but not to the language of the instruction.3 Cf. Commonwealth v. Tu Trinh, 458 Mass. 776, 779 (2011) (defendant objected both to giving consciousness of guilt instruction and its language). 3 Instruction 3.580 cautions that there may be numerous explanations, other than feelings of guilt, for why an innocent person might act suspiciously. 2011See Commonwealth v. Tu Trinh, supra; Commonwealth v. Otsuki, supra; Commonwealth v. Toney, supra. The judge’s consciousness of guilt instruction did not amount to an abuse of discretion. | 3 | 3 |
Commonwealth v. Vickgreen2 sentences2024See Commonwealth v. Vick, 454 Mass. 418, 424-426 (2009). 2023See Commonwealth v. Vick, 454 Mass. 418, 424-426 (2009). | 3 | 3 |
Commonwealth v. Haraldstadgreen2 sentences2011See Commonwealth v. Haraldstad, 16 Mass. App. Ct. 565, 570 (1983). 2003There was no evidence before the jury on the issue of Kirby’s disappearance, leaving the consciousness of guilt final instruction to rest exclusively on the erroneous mid-trial jury instruction (which, in turn, rested on an extra-jury voir dire hearing) that Kirby was absent from trial “without cause, voluntar[ily], and without leave of court.” “It is error to instruct a jury on consciousness of guilt based on facts without reasonable support in the record.” Commonwealth v. Haraldstad, 16 Mass. App. Ct. 565, 570 (1983). | 3 | 3 |
Commonwealth v. Carriongreen2 sentences2024"Flight is perhaps the classic evidence of consciousness of guilt." Id., quoting Commonwealth v. Carrion, 407 Mass. 263, 277 (1990). 2012Furthermore, “[fjlight is perhaps the classic evidence of consciousness of guilt.” Commonwealth v. Carrion, 407 Mass. 263, 277 (1990). | 2 | 2 |
Commonwealth v. Flebottegreen2 sentences2015See Commonwealth v. Flebotte, 417 Mass. 348, 353 (1994). 2015See Flebotte, 417 Mass. at 353 . | 2 | 2 |
Commonwealth v. Carvergreen2 sentences1994See Commonwealth v. Clark, 20 Mass. App. Ct. 392, 396 (1985); Commonwealth v. Carver, 33 Mass. App. Ct. 378, 386 (1992). 1993See Commonwealth v. Carver, 33 Mass. App. Ct. 378, 386 (1992); Commonwealth v. Clark, 20 Mass. App. Ct. 392, 396 (1985). 3 The reason for not having a mandatory rule, it *30 is said, is that it is a matter of trial tactics for a defense attorney to determine whether to request a consciousness of guilt instruction and an appellate court should not “second guess defense counsel’s decision.” See id. | 2 | 2 |
Commonwealth v. Browgreen2 sentences1994Cf. Commonwealth v. Brow, 20 Mass. App. Ct. 375 , 380 n.4 (1985). 1993Cf. Commonwealth v. Brow, 20 Mass. App. Ct. 375 , 380 n.4 (1985) (“[i]n some cases, it may be trial strategy for defense counsel not to request a consciousness of guilt instruction”). | 1 | 2 |
Commonwealth v. Addygreen1 sentence2025See Commonwealth v. Addy, 79 Mass. App. Ct. 835 , 4 On appeal, the Commonwealth concedes that the fact that the defendant sought counsel cannot support a consciousness of guilt instruction. 13 841-842 (2011) (judge improperly allowed Commonwealth's motion to consider defendant's default on trial date as evidence of consciousness of guilt, but error not prejudicial in circumstances). | 1 | 1 |
Commonwealth v. Pratergreen1 sentence2024See Morris, supra at 738-739 ; Commonwealth v. Tu Trinh, 458 Mass. 776, 779-781 (2011); Commonwealth v. Prater, 431 Mass. 86, 97 (2000). | 1 | 1 |
Commonwealth v. Roblesgreen1 sentence2015“False statements to police may be considered as consciousness of guilt if there is other evidence tending to prove the falsity of the statements.” Commonwealth v. Robles, 423 Mass. 62, 71 (1996). | 1 | 1 |
Commonwealth v. Hoosegreen1 sentence2015“We review jury instructions with regard to the Commonwealth’s burden of proof in a criminal case to determine whether the instructions, taken as a whole, make clear the Commonwealth’s burden to prove each element of the crime beyond a reasonable doubt.” Commonwealth v. Hoose, 467 Mass. 395, 412 (2014). a. | 1 | 1 |
Commonwealth v. Gomesgreen1 sentence2015L. c. 268, § 32B. 2 ’ 3 On appeal, the defendant claims that he is entitled to a new trial because (1) the judge abused her discretion in denying the defendant’s requested cross-racial and cross-ethnic eyewitness identification jury instruction where two of the three eyewitnesses were “Caucasian” and the defendant was a “dark-skinned Hispanic of Dominican descent”; (2) the admission of three in-court eyewitness identifications created a substantial risk of a miscarriage of justice where it was the first time any of them had formally identified the defendant; 4 and (3) the judge committed preju | 1 | 1 |
| Commonwealth v. Serinogreen | 1 | 1 |
| Commonwealth v. Brousseaugreen | 1 | 1 |
| Commonwealth v. Epsomgreen | 1 | 1 |
| Cramer v. Commonwealthgreen | 1 | 1 |
| Commonwealth v. Squailiagreen | 1 | 1 |
| Commonwealth v. Huntergreen | 1 | 1 |
| Commonwealth v. Hinckleygreen | 1 | 1 |
| Commonwealth v. Oeun Lamgreen | 1 | 1 |
| Commonwealth v. Rosagreen | 1 | 1 |
| Commonwealth v. Harringtongreen | 1 | 1 |
| Commonwealth v. McLaughlingreen | 1 | 1 |
| Commonwealth v. Gordongreen | 1 | 1 |
| Commonwealth v. Tuittgreen | 1 | 1 |
| Commonwealth v. Ruffengreen | 1 | 1 |
| Commonwealth v. Pagangreen | 1 | 1 |
| Cohen v. Henry Siegel Co.green | 1 | 1 |
| Commonwealth v. Bonomigreen | 1 | 1 |
| Commonwealth v. Nadwornygreen | 1 | 1 |
| Commonwealth v. Freemangreen | 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. Kane
green
2 sentences2008The defendant’s additional contention that the consciousness of guilt instruction was incorrect because it did not comport with the requirements set forth in Commonwealth v. Kane, supra at 137-138 , is off the mark. 2003A distinction is in order: while this final charge was a correctly stated consciousness of guilt instruction, see generally Commonwealth v. Toney, 385 Mass. 575, 585 (1982), and while such an instruction may appropriately be given where there is record evidence before the jury concerning the circumstances of a defendant’s flight during trial, Commonwealth v. Kane, supra at 136-137 , the error here is that the consciousness of guilt instruction should not have been given at all. | 2 | 2003–2008 |
Commonwealth v. Pytou Heang
green
1 sentence2025However, we "apply a presumption that a judge sitting in a jury-waived trial has instructed [her]self properly on the law," Commonwealth v. Graziano, 96 Mass. App. Ct. 601 , 608 (2019), including "not [to] draw any negative inference from the defendant's exercise of . . . his right to counsel," Pytou Heang, supra. Accordingly, in assessing whether there was a sufficient basis for a consciousness of guilt instruction, we disregard the evidence of the father's telephone call. | 1 | 2025–2025 |
Commonwealth v. Pingaro
green
1 sentence2019The defendant also asserts that the judge abused his discretion in denying her motion for a new trial because the consciousness of guilt instruction lacked an evidentiary basis and, further, because he gave it without providing the defendant notice of his intention to so instruct prior to closing arguments. 2 We review the denial of the motion for a new trial to determine whether it was "an abuse of discretion that produces a manifestly unjust result." Commonwealth v. Pingaro , 44 Mass. App. Ct. 41 , 48 (1997). | 1 | 2019–2019 |
Commonwealth v. Brown
green
2 sentences2019The judge provided a consciousness of guilt instruction. 5 Consistent with the defendant's testimony, defense counsel argued in closing that "[the defendant] didn't feel that he had any other reasonable alternative than to remove that firearm and that ammunition from that scene at that time." 6 The judge instructed, in relevant part, that unlawful possession of a loaded firearm required the Commonwealth to prove "[1] the [d]efendant had an object in his possession; [2] the object was a firearm; [3] the [d]efendant knew the object he possessed was a firearm; and [4] the firearm was loaded with 2019The judge provided a consciousness of guilt instruction. 5 Consistent with the defendant's testimony, defense counsel argued in closing that "[the defendant] didn't feel that he had any other reasonable alternative than to remove that firearm and that ammunition from that scene at that time." 6 The judge instructed, in relevant part, that unlawful possession of a loaded firearm required the Commonwealth to prove "[1] the [d]efendant had an object in his possession; [2] the object was a firearm; [3] the [d]efendant knew the object he possessed was a firearm; and [4] the firearm was loaded with | 1 | 2019–2019 |
L.L., a juvenile v. Commonwealth
green
1 sentence2019A judge commits an abuse of discretion by making " 'a clear error of judgment in weighing' the factors relevant to the decision ... such that the decision falls outside the range of reasonable alternatives." L.L . v. Commonwealth , 470 Mass. 169 , 185 n.27 (2014), quoting Picciotto v. Continental Cas. | 1 | 2019–2019 |
Commonwealth v. Knap
green
1 sentence2018The juvenile's second challenge, which we review for prejudicial error, concerns the consciousness of guilt instruction -- in particular, the judge's denial of his request for a juvenile-specific instruction. 4 A judge is not required, however, to "bring to the attention of the jury the defendant's own innocent explanation for the alleged flight." Commonwealth v. Toney , 385 Mass. 575 , 585 (1982). 5 Rather, "consciousness of innocence [is] a matter more appropriately left to the defendant's closing argument." Commonwealth v. Knap , 412 Mass. 712 , 717 (1992). | 1 | 2018–2018 |
Commonwealth v. Cole
green
1 sentence2017Commonwealth v. Cole , 473 Mass. 317 , 326 (2015). | 1 | 2017–2017 |
Commonwealth v. Indrisano
green
1 sentence2017"A consciousness of guilt instruction may be given where 'there is "an inference of guilt that may be drawn from evidence of flight, concealment, or similar acts," such as false statements to the police, destruction or concealment of evidence, or bribing or threatening a witness.' " Commonwealth v. Indrisano , 87 Mass. App. Ct. 709 , 718 (2015), quoting from Commonwealth v. Stuckich , 450 Mass. 449 , 453 (2008). | 1 | 2017–2017 |
Brown v. Minnesota
green
1 sentence2015“A consciousness of guilt instruction is permissible where ‘there is an inference of guilt that may be drawn from evidence of flight, concealment, or similar acts, such as false statements to the police, destruction or concealment of evidence, or bribing or threatening a witness.’ ” Id., quoting Commonwealth v. Stuckich, 450 Mass. 449, 453 (2008). | 1 | 2015–2015 |
Commonwealth v. Otsuki
green
1 sentence2011See Commonwealth v. Tu Trinh, supra; Commonwealth v. Otsuki, supra; Commonwealth v. Toney, supra. The judge’s consciousness of guilt instruction did not amount to an abuse of discretion. | 1 | 2011–2011 |
| Pan American Petroleum Corp. v. Federal Power Commission green | 1 | 2002–2002 |
| Commonwealth v. Geagan green | 1 | 2002–2002 |
| Commonwealth v. Lydon green | 1 | 1999–1999 |
| Commonwealth v. Keniston green | 1 | 1997–1997 |
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.