Topic: such an instruction should not be given where the commonwea… · Go Syfert
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Topic #32674

2 canonical passages across 2 cases, quoted by 7 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Commonwealth v. Saletino.

#Case FlagCanonical passage Citers
1 Commonwealth v. Saletino Anchor
mass · 2007
green “such an instruction should not be given where the commonwealth has legitimate tactical reasons for not calling the witness.” 4
2 Commonwealth v. Anderson
mass · 1991
green “if the circumstances, considered by ordinary logic and experience, suggest a plausible reason for nonproduction of the witness, the jury should not be advised of the inference” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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