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· 2/10/1984

Commonwealth v. Rembiszewski

Citations

  • 461 N.E.2d 201
  • 391 Mass. 123
  • 1984 Mass. LEXIS 1369

How courts have described this case

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

  • scratches inflicted by victim did not serve as provocation for attack by defendant with deadly weapon
  • “The jury’s knowledge of which party had the burden [of proof] did not inform them with respect to the extent of that burden”
  • use of examples of family, social and economic decisions in explaining “reasonable doubt”
  • defendant not entitled to judicial “determination whether the instructions were erroneous if the issues presented could have been raised at trial or on direct appeal but were not”
  • “Our first criticism of the practice was expressed in Bumpus”
  • constitutional error in jury charge not harmless where \Commonwealth presented a case based on circumstantial evidence which did not compel a conclusion of guilt\ and \[t]he defendant presented evidence that reasonably would have permitted the [opposite] conclusion\

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Liacos, Nolan, O'Connor

Read full opinion on CourtListener

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.