defense of property defense (Massachusetts) · Go Syfert
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defense of property defense in Massachusetts

7 Massachusetts opinions name it 2 courts 2002–2024 1 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
Commonwealth v. Eberlegreen
massappct · 2012 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024See Commonwealth v. Eberle, 81 Mass. App. Ct. 235, 239 (2012).

11
Commonwealth v. Donahuegreen
mass · 1889 · cited in 1 Massachusetts opinions naming this issue, 2018–2018
1 sentence

2018The defendant further argues that trial counsel was ineffective for failing to request a defense of property instruction. 9 See Commonwealth v. Donahue , 148 Mass. 529 , 531 (1889) ("[A] man may defend or regain his momentarily interrupted possession by the use of reasonable force").

11
Commonwealth v. Gillgreen
massappct · 1994 · cited in 1 Massachusetts opinions naming this issue, 2018–2018
1 sentence

2018See Commonwealth v. Gill , 37 Mass. App. Ct. 457 , 462 n.3 (1994).

11
Commonwealth v. Haleygreen
mass · 1992 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002It has been firmly established that “[t]rial tactics which may appear questionable from the vantage point of hindsight, do not amount to ineffective assistance unless ‘manifestly unreasonable’ when undertaken.” Commonwealth v. Haley, 413 Mass. 770, 777-778 (1992), quoting from Commonwealth v. Sielicki, 391 Mass. 377, 379 (1984).

11
Commonwealth v. Sielickigreen
mass · 1984 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002It has been firmly established that “[t]rial tactics which may appear questionable from the vantage point of hindsight, do not amount to ineffective assistance unless ‘manifestly unreasonable’ when undertaken.” Commonwealth v. Haley, 413 Mass. 770, 777-778 (1992), quoting from Commonwealth v. Sielicki, 391 Mass. 377, 379 (1984).

11
Commonwealth v. Hakkilagreen
massappct · 1997 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002Compare Commonwealth v. Hakkila, 42 Mass. App. Ct. 129, 130 (1997).

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. Goodwin green
mass · 1849
2 sentences

2018We find nothing in them that requires discussion." Commonwealth v. Domanski , 332 Mass. 66 , 78, 123 N.E.2d 368 (1954). 4 A defendant may successfully assert a defense of property defense if "(1) the defendant used only nondeadly force, and (2) the force used was 'appropriate in kind and suitable in degree, to accomplish the purpose.' " Commonwealth v. Haddock , 46 Mass. App. Ct. 246 , 248-249, 704 N.E.2d 537 (1999), quoting Commonwealth v. Goodwin , 57 Mass. 154 , 158 (1849).

2018A defendant may successfully assert a defense of property defense if "(1) the defendant used only nondeadly force, and (2) the force used was 'appropriate in kind and suitable in degree, to accomplish the purpose.' " Commonwealth v. Haddock , 46 Mass. App. Ct. 246 , 248-249 (1999), quoting Commonwealth v. Goodwin , 57 Mass. 154 , 158 (1849).

22018–2018
Commonwealth v. Haddock green
massappct · 1999
2 sentences

2018We find nothing in them that requires discussion." Commonwealth v. Domanski , 332 Mass. 66 , 78, 123 N.E.2d 368 (1954). 4 A defendant may successfully assert a defense of property defense if "(1) the defendant used only nondeadly force, and (2) the force used was 'appropriate in kind and suitable in degree, to accomplish the purpose.' " Commonwealth v. Haddock , 46 Mass. App. Ct. 246 , 248-249, 704 N.E.2d 537 (1999), quoting Commonwealth v. Goodwin , 57 Mass. 154 , 158 (1849).

2018A defendant may successfully assert a defense of property defense if "(1) the defendant used only nondeadly force, and (2) the force used was 'appropriate in kind and suitable in degree, to accomplish the purpose.' " Commonwealth v. Haddock , 46 Mass. App. Ct. 246 , 248-249 (1999), quoting Commonwealth v. Goodwin , 57 Mass. 154 , 158 (1849).

22018–2018
Commonwealth v. McArthur green
massappct · 2002
1 sentence

2024Id. at 600 . 5 Similarly, we are unconvinced that trial counsel rendered ineffective assistance by failing to request that the judge instruct himself on defense of property. 7 defense over a possible alternative approach likely fraught with difficulty"). 2.

12024–2024
Commonwealth v. Morse green
massappct · 2000
1 sentence

2019Just before the judge announced his findings, the parties presented argument on the defense of property claim, which the defendant spun entirely from a single hearsay statement he made to the officer. "[T]his was a simple, straightforward case, and the entirety of the short transcript (aside from [the defendant's single self- serving hearsay statement]) is th[e] inculpatory evidence." Morse, 50 Mass. App. Ct. at 593 .

12019–2019
Commonwealth v. Domanski green
mass · 1954
2 sentences

2018We find nothing in them that requires discussion." Commonwealth v. Domanski , 332 Mass. 66 , 78, 123 N.E.2d 368 (1954). 4 A defendant may successfully assert a defense of property defense if "(1) the defendant used only nondeadly force, and (2) the force used was 'appropriate in kind and suitable in degree, to accomplish the purpose.' " Commonwealth v. Haddock , 46 Mass. App. Ct. 246 , 248-249, 704 N.E.2d 537 (1999), quoting Commonwealth v. Goodwin , 57 Mass. 154 , 158 (1849).

2018We find nothing in them that requires discussion." Commonwealth v. Domanski , 332 Mass. 66 , 78, 123 N.E.2d 368 (1954). 4 A defendant may successfully assert a defense of property defense if "(1) the defendant used only nondeadly force, and (2) the force used was 'appropriate in kind and suitable in degree, to accomplish the purpose.' " Commonwealth v. Haddock , 46 Mass. App. Ct. 246 , 248-249, 704 N.E.2d 537 (1999), quoting Commonwealth v. Goodwin , 57 Mass. 154 , 158 (1849).

12018–2018

Where else courts name it

TX 10 (1993–2026) WA 7 (2013–2025) MA 7 (2002–2024) DC 3 (2003–2024) HI 3 (2013–2021) IL 3 (2020–2022) OR 3 (2023–2025) ND 2 (2019–2019) KS 2 (2012–2025) OH 2 (2014–2016) CA 2 (2020–2021)

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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