case for an evidentiary hearing (Massachusetts) · Go Syfert
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case for an evidentiary hearing in Massachusetts

6 Massachusetts opinions name it 2 courts 1987–2018 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.

Followed or applied (2)

CaseFollowedCited
Commonwealth v. Chatmangreen
mass · 2013 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016See Commonwealth v. Chatman, 466 Mass. 327, 335-336, 339 (2013).

11
Malave v. Carney Hospitalgreen
ca1 · 1999 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
1 sentence

2005See Malave v. Carney Hosp., 170 F.3d 217 (1st Cir. 1999).

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
Commonwealth v. Drayton green
mass · 2015
1 sentence

2018We did, however, remand the case for an evidentiary hearing on the defendant's motion for a new trial to determine whether "Debra's affidavit falls within a narrow, constitutionally based exception to the hearsay rule, which applies where otherwise inadmissible hearsay is critical to the defense and bears persuasive guarantees of trustworthiness." Drayton I , supra at 25, 38 N.E.3d 247 .

12018–2018
Commonwealth v. Saferian green
mass · 1974
1 sentence

2006In particular, the defendant asserts that he was deprived of a substantial ground of defense, see Commonwealth v. Saferian, 366 Mass. at 96 , because several witnesses, one of whom testified at trial, and the victim were not interviewed.

12006–2006
Commonwealth v. Simpson green
massappct · 1998
1 sentence

1999Id. at 165-166 .

11999–1999
Commonwealth v. Cosme green
mass · 1986
1 sentence

1987Finally, the Commonwealth, relying on Commonwealth v. Cosme, 398 Mass. 1008 (1986), submits that, even if the exclusion of the defendant’s proffered testimony was error, the appropriate remedy would not be a reversal of the judgment but rather a remand of the case for an evidentiary hearing to determine if the defendant could produce sufficient evidence of his lack of criminal responsibility.

11987–1987

Where else courts name it

NM 94 (1991–2026) PA 72 (1967–2023) FL 54 (1981–2025) LA 47 (1980–2018) GA 39 (1986–2022) IL 35 (1973–2026) MI 24 (1974–2025) KS 20 (1969–2026) MS 17 (1992–2024) TN 16 (1970–2019) MO 13 (1975–2024) CT 11 (1988–2024) AL 10 (1985–2015) OH 8 (2001–2022) MD 8 (1967–2024) OK 8 (1983–2022) AZ 7 (1980–1997) MT 7 (2008–2009) CO 7 (1989–2025) CA 7 (1978–2025) UT 7 (1988–2022) MA 6 (1987–2018) IA 6 (2017–2022) WI 6 (1996–2026) MN 6 (1988–2016) ID 5 (1986–2021) VA 5 (1991–2020) NJ 5 (1997–2025) WA 5 (1967–2005) TX 5 (1983–2018) NC 4 (2002–2026) IN 4 (1980–2020) NV 4 (1974–2003) RI 4 (1981–1994) DC 4 (2011–2013) SC 4 (2005–2025) WY 3 (2013–2024) NY 3 (1975–1978) NH 3 (1975–2002) OR 2 (2024–2024) ND 2 (1978–2006) AR 2 (2014–2019) KY 2 (2017–2017) WV 2 (1986–2003)

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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