role defense (Massachusetts) · Go Syfert
← Massachusetts issues

role defense in Massachusetts

6 Massachusetts opinions name it 2 courts 1976–2024 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.

Followed or applied (7)

CaseFollowedCited
Commonwealth v. Bealgreen
mass · 1999 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024See Beal, 429 Mass. at 532 .

11
Godinez v. Morangreen
scotus · 1993 · cited in 1 Massachusetts opinions naming this issue, 2011–2011
1 sentence

2011See Godinez v. Moran, 509 U.S. 389, 400 (1993) (noting defendants usually do better with guidance of counsel).

11
Barnett v. City of Lynngreen
mass · 2001 · cited in 1 Massachusetts opinions naming this issue, 2004–2004
1 sentence

2004The defendant asserts that these decisions were motivated by economic considerations and that “[bjalancing the need for snow removal with the available resources and deciding how to allocate such resources involves a ‘high degree of discretion and judgment.’ ” Barnett v. Lynn, 433 Mass. 662, 665 (2001), quoting from Whitney v. Worcester, 373 Mass. at 218 (holding that the city’s decision not to remove snow from a parcel of public property because the cost outweighed the need was protected by the discretionary function rule).

11
Whitney v. City of Worcestergreen
mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 2004–2004
1 sentence

2004The defendant asserts that these decisions were motivated by economic considerations and that “[bjalancing the need for snow removal with the available resources and deciding how to allocate such resources involves a ‘high degree of discretion and judgment.’ ” Barnett v. Lynn, 433 Mass. 662, 665 (2001), quoting from Whitney v. Worcester, 373 Mass. at 218 (holding that the city’s decision not to remove snow from a parcel of public property because the cost outweighed the need was protected by the discretionary function rule).

11
Commonwealth v. Kozecgreen
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 1999–1999
1 sentence

1999Unlike the situation in Commonwealth v. Weaver, 400 Mass. 612, 615 (1987), where the prosecutor told the jury that defense counsel’s “special function is not to seek the truth, as you must do . . . [but] to create doubts in your minds,” and upon the defendant’s objection, the judge gave a curative instruction, id. at 616 , the judge in this case did not tailor any curative instruction to the jury to deal with the issue. 1 See Commonwealth v. Kozec, 399 Mass. 514, 518 (1987).

11
Commonwealth v. Hawleygreen
mass · 1980 · cited in 1 Massachusetts opinions naming this issue, 1999–1999
1 sentence

1999Commonwealth v. Hawley, 380 Mass. 70, 82-90 (1980) (prosecutor’s suggestion that because trial counsel witnessed the affidavits of the defendants, he was an active participant in the alleged perjury, was unwarranted).

11
Commonwealth v. Weavergreen
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 1999–1999
2 sentences

1999Unlike the situation in Commonwealth v. Weaver, 400 Mass. 612, 615 (1987), where the prosecutor told the jury that defense counsel’s “special function is not to seek the truth, as you must do . . . [but] to create doubts in your minds,” and upon the defendant’s objection, the judge gave a curative instruction, id. at 616 , the judge in this case did not tailor any curative instruction to the jury to deal with the issue. 1 See Commonwealth v. Kozec, 399 Mass. 514, 518 (1987).

1999Unlike the situation in Commonwealth v. Weaver, 400 Mass. 612, 615 (1987), where the prosecutor told the jury that defense counsel’s “special function is not to seek the truth, as you must do . . . [but] to create doubts in your minds,” and upon the defendant’s objection, the judge gave a curative instruction, id. at 616 , the judge in this case did not tailor any curative instruction to the jury to deal with the issue. 1 See Commonwealth v. Kozec, 399 Mass. 514, 518 (1987).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Gideon v. Wainwright green
scotus · 1963
1 sentence

1985A defendant has a right to the effective assistance of counsel, Gideon v. Wainwright, 372 U.S. 335 (1963), although he does not have a right to court appointed counsel of his choice.

11985–1985
In Re WINSHIP green
scotus · 1970
2 sentences

1976Having set out the role of the presumption and the facts underlying it, we turn now to the question whether use of the presumption in Massachusetts constitutes a violation of due process in light of In re Winship, 397 U.S. 358 (1970), and other relevant cases. (c) The Effect of Winship and Other Supreme Court Cases.

1976Having set out the role of the presumption and the facts underlying it, we turn now to the question whether use of the presumption in Massachusetts constitutes a violation of due process in light of In re Winship, 397 U.S. 358 (1970), and other relevant cases. (c) The Effect of Winship and Other Supreme Court Cases.

11976–1976

Where else courts name it

CA 52 (1964–2024) TX 28 (1988–2024) OH 25 (1991–2026) FL 24 (1984–2019) CT 23 (1991–2026) NJ 23 (1984–2025) MS 19 (1995–2026) MI 18 (2005–2024) IL 16 (1967–2024) MD 15 (1992–2021) NY 14 (1979–2016) RI 11 (1996–2013) IN 10 (1992–2019) NM 9 (1996–2025) WI 9 (1990–2025) CO 8 (1983–2021) OR 7 (1968–2025) WA 7 (1981–2026) UT 7 (1997–2023) KS 6 (2015–2026) MO 6 (1980–2024) MN 6 (1977–2014) MA 6 (1976–2024) TN 6 (2014–2024) AL 6 (1988–2026) LA 5 (2000–2016) PA 5 (1984–1994) IA 5 (1996–2013) SD 4 (2012–2020) WV 3 (1978–2017) ME 3 (1989–2020) HI 3 (2018–2019) DC 3 (1987–2013) AK 3 (1977–2005) OK 3 (2012–2017) VT 3 (2016–2024) GA 3 (2005–2014) ND 3 (1995–2004) VA 3 (1998–2018) WY 3 (2000–2012) AZ 2 (2004–2014) NH 2 (2009–2018) NE 2 (2021–2022) AR 2 (2012–2016) ID 2 (1981–2013) DE 2 (1968–2021) MT 2 (2009–2021)

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.

← Caselaw search · G Cite Topics · Brief Check