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Commonwealth v. Eberle

Citations

  • 81 Mass. App. Ct. 235
  • 961 N.E.2d 604
  • 2012 Mass. App. LEXIS 81

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • failure to instruct on self-defense was prejudicial error where defense counsel requested instruction orally and defendant’s testimony relied significantly on self-defense
  • substantial risk of miscarriage of justice 23 where failure to give self-defense instruction deprived defendant \of his primary argument of defense\
  • instruction required if any view of evidence would support reasonable doubt as to whether 9 prerequisites of defense were present
  • evidence supporting an affirmative defense may come entirely from the Commonwealth's case
  • evidence supporting an affirmative defense may come entirely from the Commonwealth’s case
  • describing substantial risk of miscarriage of justice

Source: CourtListener parenthetical corpus (CC0).

Judges: Mills

Read full opinion on CourtListener

Cited by

5 cases in this archive cite this case.

Cites

19 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.