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6 Massachusetts opinions name it 3 courts 1985–2022 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. Rembiszewskigreen2 sentences2022See DeJoinville v. Commonwealth, 381 Mass. 246, 250-251 (1980). [Note 10] In these circumstances, a court "consider[s] the issue as if it were here for review in the regular course" and, "[i]f constitutional error has occurred, we reverse the conviction unless the error was Page 314 harmless beyond a reasonable doubt" (quotation and citation omitted). [Note 11] Rembiszewski, supra. Review of pre-Sandstrom instructions is, however, "more tolerant" than review of instructions given after Sandstrom was decided. [Note 12] Repoza, 400 Mass. at 520 . b. 2011“If constitutional error has occurred, we reverse the conviction unless the error was harmless beyond a reasonable doubt.” Commonwealth v. Rembiszewski, supra. The defendant was tried in January, 2009, well before the Court decided the McDonald case on June 28, 2010, declaring that the Second Amendment is applicable to the States. | 2 | 5 |
DeJoinville v. Commonwealthgreen1 sentence2022See DeJoinville v. Commonwealth, 381 Mass. 246, 250-251 (1980). [Note 10] In these circumstances, a court "consider[s] the issue as if it were here for review in the regular course" and, "[i]f constitutional error has occurred, we reverse the conviction unless the error was Page 314 harmless beyond a reasonable doubt" (quotation and citation omitted). [Note 11] Rembiszewski, supra. Review of pre-Sandstrom instructions is, however, "more tolerant" than review of instructions given after Sandstrom was decided. [Note 12] Repoza, 400 Mass. at 520 . b. | 1 | 1 |
Commonwealth v. Repozagreen1 sentence2022See DeJoinville v. Commonwealth, 381 Mass. 246, 250-251 (1980). [Note 10] In these circumstances, a court "consider[s] the issue as if it were here for review in the regular course" and, "[i]f constitutional error has occurred, we reverse the conviction unless the error was Page 314 harmless beyond a reasonable doubt" (quotation and citation omitted). [Note 11] Rembiszewski, supra. Review of pre-Sandstrom instructions is, however, "more tolerant" than review of instructions given after Sandstrom was decided. [Note 12] Repoza, 400 Mass. at 520 . b. | 1 | 1 |
Commonwealth v. LeFavegreen1 sentence2010“A substantial risk of a miscarriage of justice exists when [the court] ha[s] a ‘serious doubt whether the result of the trial might have been different had the error not been made.’ ” Randolph, 438 Mass. at 297 , quoting Commonwealth v. LaFave, 430 Mass. 169, 174 (1999). | 1 | 1 |
Commonwealth v. Nievesgreen1 sentence2010In such a case, ‘[i]f constitutional error has occurred, we reverse the conviction unless the error was harmless beyond a reasonable doubt.’ ” Commonwealth v. Nieves, 394 Mass. 355, 358-59 (1985) (citations omitted). | 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. Randolph
green
1 sentence2010“A substantial risk of a miscarriage of justice exists when [the court] ha[s] a ‘serious doubt whether the result of the trial might have been different had the error not been made.’ ” Randolph, 438 Mass. at 297 , quoting Commonwealth v. LaFave, 430 Mass. 169, 174 (1999). | 1 | 2010–2010 |
Sandstrom v. Montana
green
1 sentence1985In such a case, “[i]f constitutional error has occurred, we reverse the conviction unless the error was harmless beyond a reasonable doubt.” Rembiszewski, supra. The defendant bases his challenge to the judge’s charge on the United States Supreme Court’s decisions in Mullaney v. Wilbur, 421 U.S. 684 (1975), and Sandstrom v. Montana, 442 U.S. 510 (1979). | 1 | 1985–1985 |
Mullaney v. Wilbur
green
1 sentence1985In such a case, “[i]f constitutional error has occurred, we reverse the conviction unless the error was harmless beyond a reasonable doubt.” Rembiszewski, supra. The defendant bases his challenge to the judge’s charge on the United States Supreme Court’s decisions in Mullaney v. Wilbur, 421 U.S. 684 (1975), and Sandstrom v. Montana, 442 U.S. 510 (1979). | 1 | 1985–1985 |
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.
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.