Massachusetts Supreme Judicial Court· 3/13/2019

Commonwealth v. Hernandez

Citations

118 N.E.3d 107
481 Mass. 582

How courts have described this case

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

noting that there is “little or no evidence of [abatement ab initio] prior to the late nineteenth century.” (quoting Bevel v. Commonwealth, 717 S.E.2d 789, 792 (Va. 2011))
noting that there is “little or no evidence of [abatement ab initio] prior to the late nineteenth century.” (quoting Bevel v. Commonwealth, 717 S.E.2d 789, 792 (Va. 2011))
noting a plurality of state courts and the federal courts follow the abatement ab initio doctrine, although adherence is waning in state courts
discussing “the potential impact abatement ab initio can have on collateral matters, including undermining issue preclusion”
declining to interpret rule of civil procedure as allowing substitution in criminal appeals because \[g]iven the practical considerations involved . . . the Legislature would be the appropriate body to adopt that particular approach\
“In Massachusetts, as elsewhere, a trial court judgment is final for purposes of res judicata or issue preclusion regardless of the fact that it is on appeal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Budd, Cypher, Gants, Gaziano, Kafker, Lowy

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Cited by

11 cases in this archive cite this case.

Cites

89 cases in this archive are cited by this case; the 20 most cited are listed.

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