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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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Eberlegreen1 sentence2024See Commonwealth v. Eberle, 81 Mass. App. Ct. 235, 239 (2012). | 1 | 1 |
Commonwealth v. Donahuegreen1 sentence2018The 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"). | 1 | 1 |
Commonwealth v. Gillgreen1 sentence2018See Commonwealth v. Gill , 37 Mass. App. Ct. 457 , 462 n.3 (1994). | 1 | 1 |
Commonwealth v. Haleygreen1 sentence2002It 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). | 1 | 1 |
Commonwealth v. Sielickigreen1 sentence2002It 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). | 1 | 1 |
Commonwealth v. Hakkilagreen1 sentence2002Compare Commonwealth v. Hakkila, 42 Mass. App. Ct. 129, 130 (1997). | 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. Goodwin
green
2 sentences2018We 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). | 2 | 2018–2018 |
Commonwealth v. Haddock
green
2 sentences2018We 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). | 2 | 2018–2018 |
Commonwealth v. McArthur
green
1 sentence2024Id. 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. | 1 | 2024–2024 |
Commonwealth v. Morse
green
1 sentence2019Just 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 . | 1 | 2019–2019 |
Commonwealth v. Domanski
green
2 sentences2018We 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). | 1 | 2018–2018 |
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.