Massachusetts Supreme Judicial Court· 1/23/2006

Commonwealth v. Oliveira

Citations

445 Mass. 837
840 N.E.2d 954
2006 Mass. LEXIS 20

How courts have described this case

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

finding that erroneous instruction about malice did not present substantial likelihood of miscarriage of justice because “evidence that the defendant acted with malice is overwhelming”
\reduced mental capacity is relevant to the jury's exercise of their broad discretion as a reflection of the community's conscience\
judge's \slip of the tongue\ in context of correct instructions did not constitute reversible error
no substantial likelihood of miscarriage of justice from misstatement that was made between two correct instructions and went unnoticed by experienced defense counsel
Cunneen confirmed that defendant’s mental impairment only “an evidentiary factor that the jury could consider along with other delineated factors” in determining whether murder committed with extreme atrocity or cruelty
no substantial likelihood of miscarriage of justice where misstatement in malice instruction was between two correct instructions; when instructions are construed as whole, little chance exists that jury would have misunderstood correct import

Source: CourtListener parenthetical corpus (CC0).

Judges: Cordy

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Cited by

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

Cites

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

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