Massachusetts Supreme Judicial Court· 3/22/2001

Commonwealth v. McLaughlin

Citations

433 Mass. 558
744 N.E.2d 47
2001 Mass. LEXIS 180

How courts have described this case

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

statement not admitted as spontaneous utterance where defendant stood to gain by giving “his version” of altercation in statement to police and had strong motive to fabricate
“[h]ere, the pattern is an incorrect instruction, followed by a correct instruction in the main charge, followed by an incorrect instruction in the supplemental charge”
error in self-defense instructions deemed to create substantial risk of a miscarriage of justice
where mandatory language is required, permissive language should not be used
permissive language should not be used where mandatory language is required
Commonwealth must disprove “reasonable provocation” where raised by evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Ireland

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Cited by

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

Cites

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

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