Commonwealth v. Lanoue, 513 N.E.2d 683 (Mass. 1987). · Go Syfert
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Commonwealth v. Lanoue, 513 N.E.2d 683 (Mass. 1987). Cases Citing This Book View Copy Cite
26 citation events (14 in the last 25 years) across 3 distinct courts.
Strongest positive: Commonwealth v. Van Zant (masssuperct, 1999-08-06)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (rule) Commonwealth v. Van Zant
Mass. Super. Ct. · 1999 · confidence medium
See Breese v. Commonwealth, 415 Mass. 249, 250 (1993); see also Commonwealth v. Egardo, 426 Mass. 48, 50 (1997); Commonwealth v. Lanoue, 400 Mass. 1007, 1008 (1987); Haberek v. Commonwealth, 421 Mass. 1005, 1005 (1995).
discussed Cited as authority (rule) Haberek v. Commonwealth
Mass. · 1995 · confidence medium
“Without expressing any view as to the merits of [the defendant’s] claim of ineffective assistance of counsel, we are constrained to reverse the order denying the motion for a new trial and to remand the case to the Superior Court for consideration of the motion for new trial on its merits.” 1 Commonwealth v. Lanoue, 400 Mass. 1007, 1008 (1987), S.C., 409 Mass. 1 (1990).
discussed Cited "see" Commonwealth v. Foxworth
Mass. · 2015 · signal: see · confidence high
See Commonwealth v. Lanoue, 392 Mass. 583 , 586 n.2 (1984), S.C., 400 Mass. 1007 (1987), and S.C., 409 Mass. 1 (1990); Forrester, supra. Neither party asserts error in the judge’s failure to make findings.
discussed Cited "see" Commonwealth v. Williams
Mass. · 2003 · signal: see · confidence high
See Commonwealth v. Lanoue, 392 Mass. 583, 588 (1984), S.C., 400 Mass. 1007 , and 409 Mass. 1 (1990) (absent subsidiary factual findings, judge presumed to have assessed credibility in denying motion to suppress).
cited Cited "see" Commonwealth v. Peloquin
Mass. App. Ct. · 2001 · signal: see · confidence high
See Commonwealth v. Lanoue, 400 Mass. 1007, 1008 (1987).
cited Cited "see" Commonwealth v. Sowell
Mass. App. Ct. · 1993 · signal: see · confidence high
See Commonwealth v. Lanoue, 400 Mass. 1007, 1007-1008 (1987).
discussed Cited "see" Commonwealth v. PHILIP S.
Mass. App. Ct. · 1992 · signal: see · confidence high
See Commonwealth v. Lanoue, 392 Mass. 583 , 586 n.2 (1984) (judge’s failure to make detailed subsidiary findings does not require a remand “where the ultimate conclusion is clearly evident from the record”), S.C., 400 Mass. 1007 (1987) and 409 Mass. 1 (1990); Commonwealth v. A Juvenile, 402 Mass. 275, 280 (1988).
cited Cited "see" Commonwealth v. Sama
Mass. · 1991 · signal: see · confidence high
See Commonwealth v. Lanoue, 392 Mass. 583 , 592 n.6 (1984), S.C., 400 Mass. 1007 (1987), and 409 Mass. 1 (1990).
cited Cited "see, e.g." Commonwealth v. Correia
Mass. App. Ct. · 2013 · signal: see also · confidence low
See also Commonwealth v. Lanoue, 392 Mass. 583, 588 (1984), S.C., 400 Mass. 1007 (1987), and 409 Mass. 1 (1990).
discussed Cited "see, e.g." Commonwealth v. Watkins
Mass. · 2001 · signal: see, e.g. · confidence low
See, e.g., Commonwealth v. Lanoue, 392 Mass. 583, 590-591 (1984), S.C., 400 Mass. 1007 (1987), and 409 Mass. 1 (1990) (contested instructions, “reasonable doubt is sometimes said to be a doubt for which a good reason can be given,” and “a reasonable juror” is one “earnestly seeking the truth and not looking for a doubt,” not reversible error in light of judge’s instruction defining “reasonable doubt ... in terms of a final and settled conviction of guilt as well as guilt to a moral certainty”); Commonwealth v. Robinson, 382 Mass. 189, 197-198 (1981) (misstatements in charge c…
Commonwealth
v.
James Lanoue
Massachusetts Supreme Judicial Court.
Oct 7, 1987.
513 N.E.2d 683
William A. Hahn for the defendant., James M. McDonough, Assistant District Attorney, for the Commonwealth.
Cited by 25 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Massachusetts Supreme Judicial… (1)

The issue on this appeal is the trial judge’s denial of the defendant’s motion for a new trial solely on the basis that the issues could have been raised on appeal. The defendant was convicted of murder in the first degree. On appeal, this court, in the exercise of its power under G. L. c. 278, § 33E, reduced the verdict to murder in the second degree. Commonwealth v. Lanoue, 392 Mass. 583 (1984) (Lanoue I). We need not repeat the facts which are set forth in Lanoue I, supra.

The ground advanced for a new trial is ineffective assistance of counsel at trial and on appeal. The Commonwealth’s rejoinder is that the claim of ineffective assistance of counsel at trial, at least, could have been raised in Lanoue I. This response is hardly realistic because the defendant’s trial[*1008] counsel was also appellate counsel.

William A. Hahn for the defendant. James M. McDonough, Assistant District Attorney, for the Commonwealth.

Without expressing any view as to the merits of his claim of ineffective assistance of counsel, we are constrained to reverse the order denying the motion for a new trial and to remand the case to the Superior Court for consideration of the motion for new trial on its merits.

So ordered.