Massachusetts Supreme Judicial Court· 1/23/1984

Commonwealth v. Souza

Citations

461 N.E.2d 166
390 Mass. 813
1984 Mass. LEXIS 1313

How courts have described this case

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

unconstitutional for judge to enhance defendant’s punishment for exercise of right to plead not guilty
“[I]t is unconstitutional for a judge to enhance a defendant’s punishment based on his or her exercise of the right to plead not guilty, or appeal a conviction.”
substantial risk of a miscarriage of justice where judge took into consideration at sentencing defendant’s alleged perjury on the stand
judge presumed the defendant’s guilt and imposed a penalty for an untried criminal offense
sentence reduction by Appellate Division does not cure initial error
judge may not punish for untried offense

Source: CourtListener parenthetical corpus (CC0).

Judges: Abrams, Hennessey, Liacos, Lynch, Nolan, O'Connor, Presents, Wilkins

Read full opinion on CourtListener

Cited by

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

Cites

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

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