Massachusetts Supreme Judicial Court· 4/4/2007

Commonwealth v. Simmons

Citations

448 Mass. 687
863 N.E.2d 549
2007 Mass. LEXIS 191

How courts have described this case

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

unpreserved claim of error in sentencing is to be reviewed using the substantial risk analysis
\The earliest written countenance of the practice in Massachusetts is found in an 1831 decision of the old Municipal Court of Boston\
although practice of placing cases “on file” with guilty finding is not specifically authorized in General Laws, it enjoys strong legislative recognition where Legislature has delineated crimes “where the case may not be placed on file”
“we find a substantial risk of a miscarriage of justice only when we have a serious doubt whether the result . . . might have been different had the error not been made” [quotations omitted]
guilty-filed disposition enters after guilty verdict
discussing history of guilty-filed procedure

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Judges: Spina

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Cites

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