Massachusetts Supreme Judicial Court· 3/28/2008
Commonwealth v. Kendall
Citations
- 451 Mass. 10
- 883 N.E.2d 269
- 2008 Mass. LEXIS 205
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the defendant was not entitled to an instruction on the defense of necessity where he failed to present any evidence that there were no effective legal alternatives to his decision to drive while intoxicated to abate a claimed medical emergency
- “[A]n instruction on necessity is appropriate where there is evidence that supports at least a reasonable doubt whether operating a motor vehicle while under the influence of intoxicating liquor was justified by necessity.”
- necessity defense \exonerates one who commits a crime under the 'pressure of circumstances' if the harm that would have resulted from compliance with the law ... exceeds the harm actually resulting from the defendant's violation of the law\
Source: CourtListener parenthetical corpus (CC0).
Judges: Cowin, Spina
Read full opinion on CourtListenerCited by
7 cases in this archive cite this case.
- Commonwealth v. MagadiniMassachusetts Supreme Judicial Court· 2016-06-23· cited 8×
- City of Fargo v. NikleNorth Dakota Supreme Court· 2019-03-13· cited 5×
- Commonwealth v. KnightMassachusetts Appeals Court· 2009-11-18· cited 5×
- Commonwealth v. LockwoodMassachusetts Appeals Court· 2019-04-22· cited 3×
- Brooks v. StateDistrict Court of Appeal of Florida· 2013-09-18· cited 2×
- Commonwealth v. MurphyMassachusetts Appeals Court· 2018-01-18
- Commonwealth v. BangertMassachusetts Appeals Court· 2018-10-18
Cites
14 cases in this archive are cited by this case.
- Commonwealth v. PikeMassachusetts Supreme Judicial Court· 1998-11-19· cited 135×
- Commonwealth v. CruzMassachusetts Supreme Judicial Court· 2005-12-21· cited 110×
- Commonwealth v. ConnollyMassachusetts Supreme Judicial Court· 1985-02-28· cited 99×
- Commonwealth v. HoodMassachusetts Supreme Judicial Court· 1983-07-05· cited 78×
- Commonwealth v. BrugmannMassachusetts Appeals Court· 1982-04-01· cited 47×
- Commonwealth v. LenoMassachusetts Supreme Judicial Court· 1993-07-15· cited 38×
- Commonwealth v. ThurberMassachusetts Supreme Judicial Court· 1981-04-08· cited 34×
- Commonwealth v. O'MALLEYMassachusetts Appeals Court· 1982-08-19· cited 19×
- Commonwealth v. LindseyMassachusetts Supreme Judicial Court· 1986-03-05· cited 18×
- Commonwealth v. HutchinsMassachusetts Supreme Judicial Court· 1991-07-24· cited 18×
- Commonwealth v. McCambridgeMassachusetts Appeals Court· 1998-02-13· cited 17×
- Commonwealth v. IglesiaMassachusetts Supreme Judicial Court· 1988-08-01· cited 10×
- Commonwealth v. LoraMassachusetts Appeals Court· 1997-07-10· cited 9×
- Commonwealth v. O'KaneMassachusetts Appeals Court· 2001-12-27· cited 7×
Sourced from CourtListener / Free Law Project (CC0).
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