defendant must raise claim (Massachusetts) · Go Syfert
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defendant must raise claim in Massachusetts

6 Massachusetts opinions name it 3 courts 1975–2014 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 (5)

CaseFollowedCited
Commonwealth v. Randolphgreen
mass · 2002 · cited in 4 Massachusetts opinions naming this issue, 2005–2014
2 sentences

2014To conclude otherwise would tear the fabric of our well-established waiver jurisprudence that “a defendant must raise a claim of error at the first available opportunity.” Commonwealth v. Randolph, 438 Mass. 290, 294 (2002).

2014“To conclude otherwise would tear the fabric of our well-established waiver jurisprudence that ‘a defendant must raise a claim of error at the first available opportunity,’ ” Morganti, 467 Mass. at 102 , quoting Commonwealth v. Randolph, 438 Mass. 290, 294 (2002), and would defeat the core purposes of the waiver doctrine: to protect society’s interest in the finality of its judicial decisions, and to promote judicial efficiency.

44
Commonwealth v. Amiraultgreen
mass · 1997 · cited in 2 Massachusetts opinions naming this issue, 2002–2014
2 sentences

2014“This requirement serves a dual purpose: it protects society’s interest in the finality of its judicial decisions, Commonwealth v. Amirault, 424 Mass. 618, 637 (1997) . . . , and promotes judicial efficiency, Commonwealth v. Pisa, 384 Mass. 362, 366 (1981).” Id.

2002This requirement serves a dual purpose: it protects society’s interest in the finality of its judicial decisions, Commonwealth v. Amirault, 424 Mass. 618, 637 (1997) (“The regular course of justice may be long, but it must not be endless”), and promotes judicial efficiency, Commonwealth v. Pisa, 384 Mass. 362, 366 (1981).

22
Commonwealth v. Pisagreen
mass · 1981 · cited in 2 Massachusetts opinions naming this issue, 2002–2014
2 sentences

2014“This requirement serves a dual purpose: it protects society’s interest in the finality of its judicial decisions, Commonwealth v. Amirault, 424 Mass. 618, 637 (1997) . . . , and promotes judicial efficiency, Commonwealth v. Pisa, 384 Mass. 362, 366 (1981).” Id.

2014“This requirement serves a dual purpose: it protects society’s interest in the finality of its judicial decisions, Commonwealth v. Amirault, 424 Mass. 618, 637 (1997) . . . , and promotes judicial efficiency, Commonwealth v. Pisa, 384 Mass. 362, 366 (1981).” Id.

22
Commonwealth v. Morgantigreen
mass · 2014 · cited in 2 Massachusetts opinions naming this issue, 2014–2014
2 sentences

2014“To conclude otherwise would tear the fabric of our well-established waiver jurisprudence that ‘a defendant must raise a claim of error at the first available opportunity,’ ” Morganti, 467 Mass. at 102 , quoting Commonwealth v. Randolph, 438 Mass. 290, 294 (2002), and would defeat the core purposes of the waiver doctrine: to protect society’s interest in the finality of its judicial decisions, and to promote judicial efficiency.

2014The court recognizes that counsel’s failure to object was constitutionally deficient performance, but nonetheless affirms the denial of the defendant’s claim of structural error by invoking concepts of finality and judicial efficiency to support what it describes to be “our well-established waiver jurisprudence that ‘a defendant must raise a claim of error at the first available opportunity.’ ” Commonwealth v. Morganti, 467 Mass. 96, 102 (2014), quoting Commonwealth v. Randolph, 438 Mass. 290, 294 (2002).

12
Commonwealth v. Rodriquezgreen
mass · 1973 · cited in 1 Massachusetts opinions naming this issue, 1975–1975
1 sentence

1975See Commonwealth v. Rodriquez, 364 Mass. 87, 91 (1973).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Where else courts name it

PA 20 (1979–2026) MI 19 (2015–2026) IL 12 (2009–2026) MO 7 (1998–2024) MA 6 (1975–2014) FL 4 (1998–2025) NY 4 (2017–2021) TX 3 (1998–2014) CA 3 (2014–2025) WI 3 (1993–2025) LA 3 (2006–2015) MT 2 (2018–2024) GA 2 (2025–2025) NV 2 (1989–2000)

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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