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7 Massachusetts opinions name it 2 courts 1987–2019 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. Montezgreen2 sentences2019See Commonwealth v. Montez, 450 Mass. 736, 748 (2008) ("'Although not dispositive of the issue, the absence of [an objection on this precise point and the absence of a request for a curative instruction] from experienced counsel is some indication that the . . . substance of the now challenged aspects of the prosecutor's argument were not unfairly prejudicial.' Commonwealth v. Toro, 395 Mass. 354, 360 (1985). 2016Cf. Commonwealth v. Montez, 450 Mass. 736, 748 (2008) (“Although not dispositive of the issue, the absence of [an objection on this precise point and the absence of a request for a curative instruction] from experienced counsel is some indication that the . . . substance of the now challenged aspects of the prosecutor’s argument were not unfairly prejudicial” [citation omitted]). 16 In general, the Commonwealth’s closing argument was dedicated to reviewing the evidence of the cell phone call logs, the GPS ankle bracelet records, and the defendant’s cell phone tower data, and to showing the jur | 3 | 3 |
Commonwealth v. Torogreen2 sentences2019See Commonwealth v. Montez, 450 Mass. 736, 748 (2008) ("'Although not dispositive of the issue, the absence of [an objection on this precise point and the absence of a request for a curative instruction] from experienced counsel is some indication that the . . . substance of the now challenged aspects of the prosecutor's argument were not unfairly prejudicial.' Commonwealth v. Toro, 395 Mass. 354, 360 (1985). 2009Cf. Commonwealth v. Montez, 450 Mass. 736, 748 (2008), quoting Commonwealth v. Toro, 395 Mass. 354, 360 (1985) (“absence of [an objection on this precise point and the absence of a request for a curative instruction] from experienced counsel is some indication that the . . . substance of the now challenged aspects of the prosecutor’s argument were not unfairly prejudicial”). | 3 | 3 |
Commonwealth v. Cosmegreen1 sentence1993See Commonwealth v. Cosme, 410 Mass. 746, 750 (1991); Commonwealth v. Kozec, 399 Mass. 514 , 518 n.8 (1987); Commonwealth v. Fitzgerald, 376 Mass. 402, 416 (1978); Commonwealth v. Shelley, 374 Mass. 466, 469 (1978), S.C., 381 Mass. 340 (1980), and S.C., 411 Mass. 692 (1992). | 1 | 1 |
Commonwealth v. Fitzgeraldgreen1 sentence1993See Commonwealth v. Cosme, 410 Mass. 746, 750 (1991); Commonwealth v. Kozec, 399 Mass. 514 , 518 n.8 (1987); Commonwealth v. Fitzgerald, 376 Mass. 402, 416 (1978); Commonwealth v. Shelley, 374 Mass. 466, 469 (1978), S.C., 381 Mass. 340 (1980), and S.C., 411 Mass. 692 (1992). | 1 | 1 |
Commonwealth v. Shelleygreen1 sentence1993See Commonwealth v. Cosme, 410 Mass. 746, 750 (1991); Commonwealth v. Kozec, 399 Mass. 514 , 518 n.8 (1987); Commonwealth v. Fitzgerald, 376 Mass. 402, 416 (1978); Commonwealth v. Shelley, 374 Mass. 466, 469 (1978), S.C., 381 Mass. 340 (1980), and S.C., 411 Mass. 692 (1992). | 1 | 1 |
Commonwealth v. Lussiergreen1 sentence1987Although there was neither an objection nor a request for a curative instruction, see Commonwealth v. Lussier, 364 Mass. 414,424-425 (1973); compare Killelea, supra, the trial judge “amply resolved any confusion [the prosecutor’s statement] might have caused.” Atkins, 386 Mass. at 602 . | 1 | 1 |
Commonwealth v. Atkinsgreen1 sentence1987Although there was neither an objection nor a request for a curative instruction, see Commonwealth v. Lussier, 364 Mass. 414,424-425 (1973); compare Killelea, supra, the trial judge “amply resolved any confusion [the prosecutor’s statement] might have caused.” Atkins, 386 Mass. at 602 . | 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. Kozec
green
2 sentences2019Moreover, the judge's forceful instruction that the defendant is presumed innocent, that he does not have to prove 13 his innocence, and that the Commonwealth must prove each essential element of the crimes charged beyond a reasonable doubt mitigated any potential prejudice. [Kozec, 399 Mass. at 517 ]"). 1993See Commonwealth v. Cosme, 410 Mass. 746, 750 (1991); Commonwealth v. Kozec, 399 Mass. 514 , 518 n.8 (1987); Commonwealth v. Fitzgerald, 376 Mass. 402, 416 (1978); Commonwealth v. Shelley, 374 Mass. 466, 469 (1978), S.C., 381 Mass. 340 (1980), and S.C., 411 Mass. 692 (1992). | 2 | 1993–2019 |
Commonwealth v. Johnson
green
1 sentence2007As the Supreme Judicial Court stated in Commonwealth v. Johnson, supra, it is not necessary for counsel to “immediately interrupt the argument of opposing counsel with an objection and a request for a curative instruction on each occasion when [counsel] believes that the argument is improper. | 1 | 2007–2007 |
Commonwealth v. Shelley
green
1 sentence1993See Commonwealth v. Cosme, 410 Mass. 746, 750 (1991); Commonwealth v. Kozec, 399 Mass. 514 , 518 n.8 (1987); Commonwealth v. Fitzgerald, 376 Mass. 402, 416 (1978); Commonwealth v. Shelley, 374 Mass. 466, 469 (1978), S.C., 381 Mass. 340 (1980), and S.C., 411 Mass. 692 (1992). | 1 | 1993–1993 |
Commonwealth v. Shelley
green
1 sentence1993See Commonwealth v. Cosme, 410 Mass. 746, 750 (1991); Commonwealth v. Kozec, 399 Mass. 514 , 518 n.8 (1987); Commonwealth v. Fitzgerald, 376 Mass. 402, 416 (1978); Commonwealth v. Shelley, 374 Mass. 466, 469 (1978), S.C., 381 Mass. 340 (1980), and S.C., 411 Mass. 692 (1992). | 1 | 1993–1993 |
Commonwealth v. Szczuka
green
1 sentence1987The judge not only told the jury that he would instruct them on the applicable law, see Szczuka, 391 Mass. at 673-674 , but dealt specifically with the requirement of nonconsensual penetration. | 1 | 1987–1987 |
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.