second and third factors (Massachusetts) · Go Syfert
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second and third factors in Massachusetts

7 Massachusetts opinions name it 3 courts 1986–2026 2 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 (3)

CaseFollowedCited
Commonwealth v. Chasegreen
massappct · 2007 · cited in 1 Massachusetts opinions naming this issue, 2026–2026
1 sentence

2026Contrast Chase, 70 Mass. App. Ct. at 835 (reference to defendant's post-Miranda 8 silence harmless beyond reasonable doubt where quantum of evidence of guilt was strongly in Commonwealth's favor).

11
Commonwealth v. Zevitasgreen
mass · 1994 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012See Commonwealth v. Zevitas, 418 Mass. at 684 (noting prejudicial effect to defendant when jury given inappropriate limiting instruction on absence of breathalyzer evidence).

11
DataComm Interface v. COMPUTERWORLD, INC. ADELSONgreen
mass · 1986 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008See id.

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 (4)

CaseCitedYears
R & G Mortgage Corp. v. Federal Home Loan Mortgage Corp. green
ca1 · 2009
1 sentence

2022Corp., 584 F.3d at 7 , we also consider the second and third factors, which ask about prejudice to either party.

12022–2022
Commonwealth v. Gibson green
massappct · 2012
1 sentence

2019In regard to the second and third factors, as we observed in Gibson , supra at 838, 978 N.E.2d 1226 , "the error ... is constitutional in nature, and is one that our courts have deemed prejudicial." We therefore consider the error to be a serious one.

12019–2019
Matter of Registrant GB green
nj · 1996
1 sentence

2006Concerning the second and third factors, the plaintiff argues that the board should utilize a methodology such as that adopted in New Jersey 12 and indicates that courts in that jurisdiction have held that statistically based presumptions pertaining to classification levels provide a guide “to follow in conjunction with other relevant and rehable evidence in reaching an ultimate determination of the risk of reoffense posed by the registrant and the appropriate notification due the community.” Matter of Registrant G.B., 147 N.J. 62 , 81 (1996).

12006–2006
Olmstead v. Murphy green
massappct · 1986
1 sentence

1986There is no merit to Thomas’s contention that “[c]ounsei was not required in her behalf . . . [with respect to] the contempt proceeding.” In Olmstead v. Murphy, supra at 666 , and again in Kennedy v. Kennedy, supra at 182, we pointed out that the amount of the recovery is not a reliable guide in the determination of reasonable fees in cases such as these.

11986–1986

Where else courts name it

TX 44 (2000–2026) MI 36 (1975–2025) IL 22 (1987–2026) CA 18 (1966–2024) WA 13 (2013–2025) PA 11 (1971–2024) NY 11 (2006–2025) CO 10 (1988–2026) NJ 9 (1996–2025) FL 9 (1985–2020) IA 8 (2000–2017) MA 7 (1986–2026) WI 7 (1998–2024) MS 6 (2018–2024) NM 6 (2016–2022) WY 5 (1986–2022) OR 5 (2018–2026) MD 5 (1977–2014) MN 5 (1988–2023) HI 5 (2010–2019) CT 5 (1998–2020) MO 5 (1986–2017) LA 4 (2000–2025) KS 4 (2022–2026) NV 4 (2019–2024) OH 3 (2012–2021) MT 3 (2000–2005) DE 3 (2022–2024) AL 3 (1983–2008) DC 3 (2012–2024) AZ 3 (2004–2007) IN 2 (1998–2012) OK 2 (1977–1977) NH 2 (2009–2024) ND 2 (1985–2007) TN 2 (2002–2010) SC 2 (2011–2011) SD 2 (1998–2003) VT 2 (1995–2016) UT 2 (2014–2017) AK 2 (1990–2023)

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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