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7 Massachusetts opinions name it 2 courts 1993–2019 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 |
|---|---|---|
Commonwealth v. Gabbidongreen2 sentences2019In the performance of this task, we pay particular attention to those issues actively contested at trial." Commonwealth v. Gabbidon , 398 Mass. 1 , 5, 494 N.E.2d 1317 (1986). "[W]hether a particular element of a crime was contested at trial is important *137 to a determination whether a trial error resulted in a substantial risk of a miscarriage of justice." Id . 2019In the performance of this task, we pay particular attention to those issues actively contested at trial." Commonwealth v. Gabbidon , 398 Mass. 1 , 5, 494 N.E.2d 1317 (1986). "[W]hether a particular element of a crime was contested at trial is important *137 to a determination whether a trial error resulted in a substantial risk of a miscarriage of justice." Id . | 3 | 6 |
Commonwealth v. Dagracagreen1 sentence2010See Commonwealth v. Dagraca, 447 Mass. at 553 (adding to Mahdi factors "the importance of the evidence in the prosecution's case"). | 1 | 1 |
Commonwealth v. Mahdigreen2 sentences2010This court has delineated a number of factors that bear on the determination whether a trial error involving improperly admitted evidence is harmless beyond a reasonable doubt. [14] The *320 factors include "(1) the relationship between the evidence and the premise of the defense; (2) who introduced the issue at trial; (3) the weight or quantum of evidence of guilt; (4) the frequency of the reference; and (5) the availability or effect of curative instructions." Commonwealth v. Mahdi, 388 Mass. 679, 696-697 (1983). 2010This court has delineated a number of factors that bear on the determination whether a trial error involving improperly admitted evidence is harmless beyond a reasonable doubt. 14 The factors include “(1) the relationship between the evidence and the premise of the defense; (2) who introduced the issue at trial; (3) the weight or quantum of evidence of guilt; (4) the frequency of the reference; and (5) the availability or effect of curative instructions.” Commonwealth v. Mahdi, 388 Mass. 679, 696-697 (1983). | 1 | 1 |
Commonwealth v. Jenkinsgreen1 sentence2005See Commonwealth v. Jenkins, 47 Mass. App. Ct. 286, 292 (1999) (citations omitted) (“[ijncorrect instructions on an element of a crime have not created a substantial risk of a miscarriage of justice where the defense strategy at trial was incorrect identification, ... or self-defense”; affirming conviction where omission of elements of stalking statute did not affect defendant’s alibi defense at trial); Commonwealth v. Gabbidon, 398 Mass. 1, 5 (1986) (“whether a particular element of a crime was contested at trial is important to a determination whether a trial error resulted in a substantial | 1 | 1 |
Commonwealth v. Mezzanottigreen1 sentence2005See also Commonwealth v. Mezzanotti 26 Mass. App. Ct. 522 (1988). | 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. Puleio
green
2 sentences2019Therefore, where an erroneous instruction "did not relate to an issue actively contested at trial, no substantial risk of a miscarriage of justice result[s]." Id ., citing Commonwealth v. Puleio , 394 Mass. 101 , 109, 474 N.E.2d 1078 (1985). 2019Therefore, where an erroneous instruction "did not relate to an issue actively contested at trial, no substantial risk of a miscarriage of justice result[s]." Id ., citing Commonwealth v. Puleio , 394 Mass. 101 , 109, 474 N.E.2d 1078 (1985). | 1 | 2019–2019 |