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7 Massachusetts opinions name it 2 courts 1941–2015 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.
| Case | Followed | Cited |
|---|---|---|
Baggs v. Hirschfieldgreen2 sentences1960See Baggs v. Hirschfield, supra, page 4; Kralik v. LeClair, supra, page 326; Deignan v. Lubarsky, supra, page 664; Friese v. Bos ton Consol. 1941A consequence of the violation of any statute imposing a criminal liability is that such violation is evidence of negligence of the violator “as to all consequences that the statute was intended to prevent.” Baggs v. Hirschfield, 293 Mass. 1, 3 . | 1 | 2 |
Commonwealth v. Holmgrengreen1 sentence2001See Commonwealth v. Holmgren, 421 Mass. at 228 , requiring that, if a sentence is suspended, the only sentence which can be imposed upon the revocation of probation is the one which was suspended. | 1 | 1 |
Commonwealth v. Lucegreen1 sentence1995Unlike Benoit in which the defendant lodged a forceful and specific objection to the admissibility of the highly prejudicial hearsay, the defendant in this case stated that he had no objection to the use of Furtado’s prior inconsistent statement, with the consequence that the claim is not now available to the defendant. 2 See Commonwealth v. Tyree, 387 Mass 191, 213 (1982) (A defendant “is not permitted to raise an issue before the trial court on a specific ground, and then to present that issue to this court on a different ground”); Commonwealth v. Luce, 399 Mass. 479, 482 (1987) (where there | 1 | 1 |
Commonwealth v. Comtoisgreen1 sentence1995Unlike Benoit in which the defendant lodged a forceful and specific objection to the admissibility of the highly prejudicial hearsay, the defendant in this case stated that he had no objection to the use of Furtado’s prior inconsistent statement, with the consequence that the claim is not now available to the defendant. 2 See Commonwealth v. Tyree, 387 Mass 191, 213 (1982) (A defendant “is not permitted to raise an issue before the trial court on a specific ground, and then to present that issue to this court on a different ground”); Commonwealth v. Luce, 399 Mass. 479, 482 (1987) (where there | 1 | 1 |
Commonwealth v. Bohannongreen1 sentence1979Commonwealth v. Bohannon, 376 Mass. 90, 93 (1978), and cases cited. | 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. Dotson
green
2 sentences2015“The consequence of this presumption is to ‘preserve, even after legislative change of a statute, the liability of an offender to punishment for an earlier act or omission made criminal by [a] statute repealed in whole or in part.’ ” Bradley, supra, quoting Dotson, supra. The presumption of prospective application governs “unless [its] observance would involve a construction inconsistent with the manifest intent of the lawmaking body or repugnant to the context of the same statute.” Galvin, supra, quoting G. 2013The consequence of this presumption is to “preserve, even after legislative change of a statute, the liability of an offender to punishment for an earlier act or omission made criminal by the statute repealed in whole or in part.” Dotson, supra at 99-100 , quoting Nassar, supra. This presumption of prospective application, however, is not absolute because the preamble to G. | 2 | 2013–2015 |
Commonwealth v. Galvin
green
1 sentence2015“The consequence of this presumption is to ‘preserve, even after legislative change of a statute, the liability of an offender to punishment for an earlier act or omission made criminal by [a] statute repealed in whole or in part.’ ” Bradley, supra, quoting Dotson, supra. The presumption of prospective application governs “unless [its] observance would involve a construction inconsistent with the manifest intent of the lawmaking body or repugnant to the context of the same statute.” Galvin, supra, quoting G. | 1 | 2015–2015 |
Commonwealth v. Bradley
green
1 sentence2015“The consequence of this presumption is to ‘preserve, even after legislative change of a statute, the liability of an offender to punishment for an earlier act or omission made criminal by [a] statute repealed in whole or in part.’ ” Bradley, supra, quoting Dotson, supra. The presumption of prospective application governs “unless [its] observance would involve a construction inconsistent with the manifest intent of the lawmaking body or repugnant to the context of the same statute.” Galvin, supra, quoting G. | 1 | 2015–2015 |
Nassar v. Commonwealth
green
1 sentence2013The consequence of this presumption is to “preserve, even after legislative change of a statute, the liability of an offender to punishment for an earlier act or omission made criminal by the statute repealed in whole or in part.” Dotson, supra at 99-100 , quoting Nassar, supra. This presumption of prospective application, however, is not absolute because the preamble to G. | 1 | 2013–2013 |
Kralik v. LeClair
green
1 sentence1960See Baggs v. Hirschfield, supra, page 4; Kralik v. LeClair, supra, page 326; Deignan v. Lubarsky, supra, page 664; Friese v. Bos ton Consol. | 1 | 1960–1960 |
Deignan v. Lubarsky
green
1 sentence1960See Baggs v. Hirschfield, supra, page 4; Kralik v. LeClair, supra, page 326; Deignan v. Lubarsky, supra, page 664; Friese v. Bos ton Consol. | 1 | 1960–1960 |
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.