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7 Massachusetts opinions name it 2 courts 2006–2023 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. Phinneygreen2 sentences2023"Defendants have the right to base their defense[s] on the failure of police adequately to investigate a [crime]." Commonwealth v. Martinez, 487 Mass. 265 , 270 (2021), quoting Commonwealth v. Phinney, 446 Mass. 155, 165-166 (2006). 2015“Defendants have the right to base their defense on the failure of police adequately to investigate a murder in order to raise the issue of reasonable doubt as to the defendant’s guilt in the minds of the jury.” Commonwealth v. Phinney, 446 Mass. 155, 165-166 (2006), S.C., 448 Mass. 621 (2007). “[T]he inference that may be drawn from an inadequate police investigation is that the evidence at trial may be inadequate or unreliable because the police failed to conduct the scientific tests or to pursue leads that a reasonable police investigation would have conducted or investigated, and these tes | 5 | 5 |
Commonwealth v. Bowdengreen2 sentences2018C ., 448 Mass. 621 , 863 N.E.2d 496 (2007) ("Defendants have the right to base their defense on the failure of police adequately to investigate a murder in order to raise the issue of reasonable doubt as to the defendant's guilt"); Commonwealth v. Bowden , 379 Mass. at 486 , 399 N.E.2d 482 ("[t]he fact that certain tests were not conducted or certain police procedures not followed could raise a reasonable doubt as to the defendant's guilt in the minds of the jurors"). 2018C ., 448 Mass. 621 , 863 N.E.2d 496 (2007) ("Defendants have the right to base their defense on the failure of police adequately to investigate a murder in order to raise the issue of reasonable doubt as to the defendant's guilt"); Commonwealth v. Bowden , 379 Mass. at 486 , 399 N.E.2d 482 ("[t]he fact that certain tests were not conducted or certain police procedures not followed could raise a reasonable doubt as to the defendant's guilt in the minds of the jurors"). | 1 | 4 |
Commonwealth v. Phinneygreen2 sentences2018C ., 448 Mass. 621 , 863 N.E.2d 496 (2007) ("Defendants have the right to base their defense on the failure of police adequately to investigate a murder in order to raise the issue of reasonable doubt as to the defendant's guilt"); Commonwealth v. Bowden , 379 Mass. at 486 , 399 N.E.2d 482 ("[t]he fact that certain tests were not conducted or certain police procedures not followed could raise a reasonable doubt as to the defendant's guilt in the minds of the jurors"). 2018C ., 448 Mass. 621 , 863 N.E.2d 496 (2007) ("Defendants have the right to base their defense on the failure of police adequately to investigate a murder in order to raise the issue of reasonable doubt as to the defendant's guilt"); Commonwealth v. Bowden , 379 Mass. at 486 , 399 N.E.2d 482 ("[t]he fact that certain tests were not conducted or certain police procedures not followed could raise a reasonable doubt as to the defendant's guilt in the minds of the jurors"). | 1 | 2 |
Commonwealth v. Alvarezgreen1 sentence2023"From this evidence, the defendant may pursue a so-called Bowden defense, arguing that the jury should 'find a reasonable doubt' because 'the investigation was careless, incomplete, or so focused on the defendant that it ignored leads that may have suggested other culprits.'" Commonwealth v. Grier, 490 Mass. 455 , 474 (2022), quoting Commonwealth v. Alvarez, 480 Mass. 299, 316 (2018). | 1 | 1 |
Commonwealth v. Persongreen1 sentence2009See Commonwealth v. Person, 400 Mass. 136, 140 (1987) (“The defendant may expose any deficiencies in the police investigation. | 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. Silva-Santiago
green
1 sentence2015“Defendants have the right to base their defense on the failure of police adequately to investigate a murder in order to raise the issue of reasonable doubt as to the defendant’s guilt in the minds of the jury.” Commonwealth v. Phinney, 446 Mass. 155, 165-166 (2006), S.C., 448 Mass. 621 (2007). “[T]he inference that may be drawn from an inadequate police investigation is that the evidence at trial may be inadequate or unreliable because the police failed to conduct the scientific tests or to pursue leads that a reasonable police investigation would have conducted or investigated, and these tes | 1 | 2015–2015 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.