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6 Massachusetts opinions name it 2 courts 1991–2025 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. Andersongreen2 sentences2025See Anderson, 411 Mass. at 283 ("the trial judge has discretion to refuse to give the [missing witness] instruction . . . and, conversely, a party who wishes the instruction cannot require it of right"). 2008See Commonwealth v. Thomas, 429 Mass. 146, 151 (1999); Commonwealth v. Anderson, 411 Mass. 279, 283 (1991) (“In the last analysis, the trial judge has discretion to refuse to give the instruction . . . and, conversely, a party who wishes the instruction cannot require it of right”). | 4 | 5 |
Commonwealth v. Williamsgreen1 sentence2025See also Williams, 450 Mass. at 900-901 , quoting Commonwealth v. Schatvet, 23 Mass. App. Ct. 130, 134 (1986) ("[b]ecause the inference, when it is made, can have a seriously adverse effect on the noncalling party -- suggesting, as it does, that the party has willfully attempted to withhold or 4 conceal significant evidence -- it should be invited only in clear cases, and with caution"). | 1 | 1 |
Commonwealth v. SCHATVENgreen1 sentence2025See also Williams, 450 Mass. at 900-901 , quoting Commonwealth v. Schatvet, 23 Mass. App. Ct. 130, 134 (1986) ("[b]ecause the inference, when it is made, can have a seriously adverse effect on the noncalling party -- suggesting, as it does, that the party has willfully attempted to withhold or 4 conceal significant evidence -- it should be invited only in clear cases, and with caution"). | 1 | 1 |
Commonwealth v. Thomasgreen1 sentence2008See Commonwealth v. Thomas, 429 Mass. 146, 151 (1999); Commonwealth v. Anderson, 411 Mass. 279, 283 (1991) (“In the last analysis, the trial judge has discretion to refuse to give the instruction . . . and, conversely, a party who wishes the instruction cannot require it of right”). | 1 | 1 |
Commonwealth v. Franklingreen1 sentence1991In the last analysis, the trial judge has discretion to refuse to give the instruction, see Commonwealth v. Franklin, 366 Mass. 284, 294 (1974); United States v. Cotter, 60 F.2d 689, 692 (2d Cir.), cert. denied, 287 U.S. 666 (1932), and, conversely, a party who wishes the instruction cannot require it of right. | 1 | 1 |
United States v. Cottergreen1 sentence1991In the last analysis, the trial judge has discretion to refuse to give the instruction, see Commonwealth v. Franklin, 366 Mass. 284, 294 (1974); United States v. Cotter, 60 F.2d 689, 692 (2d Cir.), cert. denied, 287 U.S. 666 (1932), and, conversely, a party who wishes the instruction cannot require it of right. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stranahan v. Light
green
1 sentence1991In the last analysis, the trial judge has discretion to refuse to give the instruction, see Commonwealth v. Franklin, 366 Mass. 284, 294 (1974); United States v. Cotter, 60 F.2d 689, 692 (2d Cir.), cert. denied, 287 U.S. 666 (1932), and, conversely, a party who wishes the instruction cannot require it of right. | 1 | 1991–1991 |
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.