Massachusetts Supreme Judicial Court· 6/15/2010
Commonwealth v. Montoya
Citations
- 457 Mass. 102
- 928 N.E.2d 317
- 2010 Mass. LEXIS 385
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a fleeing suspect created a “substantial risk of bodily injury” to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light
- defendant created substantial risk that officers could trip or fall when he climbed fence and jumped into canal
- police effecting arrest when officers confronted defendant after chase with weapons drawn and ordered him to raise his arms and step away from set of stairs
- even where pursuing officers chose not to scale a fence and jump twenty feet into shallow water, that they did not actively subject themselves to risk did not defeat a finding of “substantial risk of bodily injury”
- listing elements of resisting arrest
Source: CourtListener parenthetical corpus (CC0).
Judges: Marshall, Ireland, Spina, Cowin, Cordy, Botsford, Gants
Read full opinion on CourtListenerCited by
8 cases in this archive cite this case.
- Rich v. StateCourt of Special Appeals of Maryland· 2012-05-31· cited 22×
- Commonwealth v. HartMassachusetts Supreme Judicial Court· 2014-02-26· cited 19×
- Commonwealth v. SounMassachusetts Appeals Court· 2012-06-21· cited 7×
- Commonwealth v. SylviaMassachusetts Appeals Court· 2015-05-05· cited 6×
- Commonwealth v. DelarosaMassachusetts Appeals Court· 2017-12-28
- Commonwealth v. JensenMassachusetts Appeals Court· 2018-06-25
- Commonwealth v. Michael W. TysonMassachusetts Appeals Court· 2024-09-30
- COMMONWEALTH v. MANOLO M., a Juvenile (And Two Companion Cases)Massachusetts Supreme Judicial Court· 2025-07-08
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.