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Commonwealth v. Kelly

Citations

  • 629 N.E.2d 999
  • 417 Mass. 266
  • 1994 Mass. LEXIS 96

How courts have described this case

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

  • where improper argument went to police credibility, the crux of the case, new trial was necessary
  • argument must be limited \to the evidence and fair inferences that can be drawn from the evidence.\
  • a charitable organization whose conduct was incidental to it primaiy purpose does not act in a business context and therefore cannot be held liable under c. 93A
  • in a case “close ... on the facts,” the prosecutor supported police witnesses by not only stating evidence not in the record but also improperly suggesting that the defendant had an obligation to produce evidence, and request for particularized curative instructions was ignored
  • arguments must be limited to evidence and fair inferences
  • curative instructions should be focused on the error

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins, Abrams, O'Connor, Greanby

Read full opinion on CourtListener

Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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.