6 Massachusetts opinions name it 2 courts 1975–2024 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. Amiraultgreen1 sentence2024See, e.g., Commonwealth v. Amirault, 424 Mass. 618, 637 (1997) (community's interest in finality of criminal judgments "comes to the fore" once appellate process has "run its course"). | 1 | 1 |
Marshall v. Stratus Pharmaceuticals, Inc.green1 sentence2010See Marshall v. Stratus Pharms., Inc., 51 Mass. App. Ct. 667, 674 (2001); Buffum v. Rockport, 36 Mass. App. Ct. at 382 ; Multi Tech., Inc. v. Mitchell Mgt. | 1 | 1 |
Commonwealth v. Barrowsgreen1 sentence2007When Ptomey was decided in 1988, Rule 6 of the Superior Court (1974) allowed “an exception only in a trial of an indictment for a capital crime or in [a] case in which a judge ‘specially otherwise ordered.’ ” Com monwealth v. Barry, 397 Mass. 718, 724 (1986), quoting from Commonwealth v. Barrows, 391 Mass. 781, 784 (1984). 5 Thus in Commonwealth v. Ptomey, 26 Mass. App. Ct. at 494 , at a time when the rule provided no exception for cases where an individual voir dire was conducted, the failure of the trial judge to follow the general mie was held to be reversible error. 6 Writing for the court | 1 | 1 |
Commonwealth v. Barrygreen1 sentence2007When Ptomey was decided in 1988, Rule 6 of the Superior Court (1974) allowed “an exception only in a trial of an indictment for a capital crime or in [a] case in which a judge ‘specially otherwise ordered.’ ” Com monwealth v. Barry, 397 Mass. 718, 724 (1986), quoting from Commonwealth v. Barrows, 391 Mass. 781, 784 (1984). 5 Thus in Commonwealth v. Ptomey, 26 Mass. App. Ct. at 494 , at a time when the rule provided no exception for cases where an individual voir dire was conducted, the failure of the trial judge to follow the general mie was held to be reversible error. 6 Writing for the court | 1 | 1 |
Commonwealth v. Therriengreen1 sentence1987Our decision does not turn on the judge's misunderstanding of the defendant's motion. [6] In Commonwealth v. Therrien, 383 Mass. 529, 536-539 (1981), the court held that a judge erred in allowing a defendant's motion for a finding of not guilty of rape after the jury had returned a verdict of guilty. | 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. Niemic
green
1 sentence2017Thus, constructive possession means knowledge of the location of an object combined with the ability and intention to exercise dominion and control over it." The defendant takes issue with the use of the word "power" instead of "ability" in the first sentence of the instruction. "[W]hen reviewing a judge's instructions to a jury, we do not consider phrases in isolation, but rather '[w]e evaluate the instruction as a whole, looking for the interpretation a reasonable juror would place on the judge's words.' " Commonwealth v. Glacken , 451 Mass. 163 , 168-169 (2008), quoting from Commonwealth v. | 1 | 2017–2017 |
Commonwealth v. Glacken
green
1 sentence2017Thus, constructive possession means knowledge of the location of an object combined with the ability and intention to exercise dominion and control over it." The defendant takes issue with the use of the word "power" instead of "ability" in the first sentence of the instruction. "[W]hen reviewing a judge's instructions to a jury, we do not consider phrases in isolation, but rather '[w]e evaluate the instruction as a whole, looking for the interpretation a reasonable juror would place on the judge's words.' " Commonwealth v. Glacken , 451 Mass. 163 , 168-169 (2008), quoting from Commonwealth v. | 1 | 2017–2017 |
Buffum v. Town of Rockport
green
1 sentence2010See Marshall v. Stratus Pharms., Inc., 51 Mass. App. Ct. 667, 674 (2001); Buffum v. Rockport, 36 Mass. App. Ct. at 382 ; Multi Tech., Inc. v. Mitchell Mgt. | 1 | 2010–2010 |
Commonwealth v. Ptomey
green
2 sentences2007When Ptomey was decided in 1988, Rule 6 of the Superior Court (1974) allowed “an exception only in a trial of an indictment for a capital crime or in [a] case in which a judge ‘specially otherwise ordered.’ ” Com monwealth v. Barry, 397 Mass. 718, 724 (1986), quoting from Commonwealth v. Barrows, 391 Mass. 781, 784 (1984). 5 Thus in Commonwealth v. Ptomey, 26 Mass. App. Ct. at 494 , at a time when the rule provided no exception for cases where an individual voir dire was conducted, the failure of the trial judge to follow the general mie was held to be reversible error. 6 Writing for the court 2007When Ptomey was decided in 1988, Rule 6 of the Superior Court (1974) allowed “an exception only in a trial of an indictment for a capital crime or in [a] case in which a judge ‘specially otherwise ordered.’ ” Com monwealth v. Barry, 397 Mass. 718, 724 (1986), quoting from Commonwealth v. Barrows, 391 Mass. 781, 784 (1984). 5 Thus in Commonwealth v. Ptomey, 26 Mass. App. Ct. at 494 , at a time when the rule provided no exception for cases where an individual voir dire was conducted, the failure of the trial judge to follow the general mie was held to be reversible error. 6 Writing for the court | 1 | 2007–2007 |
Barker v. Wingo
green
1 sentence1975The commentary says (id. at 52) that the first sentence of the standard “sets forth what is universally the law in any event, i.e., that the power of control over the offender ceases upon the expiration of the period of probation.” As our text indicates, this statement requires considerable qualification to save it from error. 5 It may be advisable, nevertheless, to deal with some, at least, of the procedures for revocation of probation by rules within the province of the studies of the Advisory Committee on Rules of Criminal Procedure of our Judicial Conference. 6 Whether the constitutional r | 1 | 1975–1975 |
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.