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6 Massachusetts opinions name it 2 courts 2007–2025 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.
| Case | Followed | Cited |
|---|---|---|
Barry v. Commonwealthgreen2 sentences2025See Barry v. Commonwealth, 390 Mass. 285, 289 (1983) ("When a claim is raised under rule 36, the docket and minutes of the clerk are prima facie evidence of the facts recorded therein"). 2025See Barry, 390 Mass. at 289 ("When a claim is raised under rule 36, the docket and minutes of the clerk are prima facie evidence of the facts recorded therein"). | 4 | 5 |
Commonwealth v. Farrisgreen2 sentences2017"This is so because '[w]hen a claim is raised under rule 36, the docket and minutes of the clerk are prima facie evidence of the facts recorded therein.' The other portions of the record are also documents which we can evaluate as well as the judge below. 'In these circumstances, while we will give deference to the determination made by the judge below, we may reach our own conclusions.'"4 Commonwealth v. Farris, 390 Mass. 300, 303-304 (1983), quoting from Barry, supra at 289-290 . 1. 2007“As [the Supreme Judicial Court] said in Barry v. Commonwealth, . . . ‘we are in as good a position as the judge below to decide whether the time limits imposed by the rule have run.’ This is so because ‘[w]hen a claim is raised under rule 36, the docket and minutes of the clerk are prima facie evidence of the facts recorded therein.’ ... ‘In these circumstances, while we will give deference to the determination made by the judge below, we may reach our own conclusions.’ ” Commonwealth v. Farris, supra at 303-304 , quoting from Barry v. Commonwealth, supra at 289-290. | 2 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||