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6 Massachusetts opinions name it 2 courts 2002–2024 3 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. Millsgreen2 sentences2023See Mills, 54 Mass. App. Ct. at 554 (concluding that "no error flowed form the judge's failure to instruct, sua sponte, 3 Indeed, defense counsel declined such an instruction. 2 that simple assault and battery was a lesser included offense of assault and battery by means of a dangerous weapon" where "[d]efense counsel's omission of a request for an instruction on the subject appear[ed] consistent with an all-or-nothing defense strategy"). 2010Compare Commonwealth v. Mills, 54 Mass. App. Ct. 552, 555-556 (2002) (determination of whether an all-or-nothing defense is reasonable depends in part on whether the record indicates it was the product of a conscious decision). | 2 | 2 |
Commonwealth v. Torresgreen1 sentence2024See, e.g., Commonwealth v. Waller, 486 Mass. 72 , 76 (2020) (pursuit of all- or-nothing defense strategy not manifestly unreasonable). 23 testified that he could not conclusively establish the type of shoe that created the partial print found on the victim's chest because the print "lack[ed] a perimeter and definition," but that certain "features were similar to portions of [a] Nike Air Max [shoe]." Trial judges "have broad discretion in deciding whether to admit expert testimony." Commonwealth v. Torres, 469 Mass. 398, 406 (2014). | 1 | 1 |
Commonwealth v. Davisgreen1 sentence2023Accordingly, "the defendant's claim of ineffective assistance is not indisputable." Commonwealth v. Davis, 481 Mass. 210, 223 (2019). 5. | 1 | 1 |
Commonwealth v. Robertsgreen1 sentence2023See also Commonwealth v. Roberts, 407 Mass. 731, 737 (1990) (defendant's argument on appeal, that jury might have been reluctant to acquit without option of lesser included offense was "inconsistent" with his "all-or-nothing" trial strategy; "the instructions . . . requested after the fact, might have undermined his tactical decision to seek an acquittal"). | 1 | 1 |
Commonwealth v. Pagangreen1 sentence2002The judge had no duty to undercut such a strategy by volunteering an instruction on a middle ground. 2 See Commonwealth v. Pagan, 35 Mass. App. Ct. 788, 791-792 (1994) (“[a] judge has no duty to undercut [defendant’s all-or-nothing] strategy”). | 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. Kindell
green
1 sentence2017We rely on the facts as set forth in our prior decision, Commonwealth v. Kindell , 84 Mass. App. Ct. at 184 -185 , and supplement those facts with details from the trial evidence that are relevant to the issue now before us. | 1 | 2017–2017 |
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.