Massachusetts Supreme Judicial Court· 4/1/1981

Commonwealth v. Stewart

Citations

418 N.E.2d 1219
383 Mass. 253
1981 Mass. LEXIS 1158

How courts have described this case

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

stating that if defendant's newly discovered evidence raises substantial issue, then \he is entitled to an evidentiary hearing\
“where a substantial issue is raised and is supported by a substantial evidentiary showing, the'judge should hold an evidentiary hearing”
a judge is fully warranted in dismissing a motion as to which the factual allegations are obscure or impressionistic and conclusory
“the decision whether to decide the motion on the basis of affidavits or to hear oral testimony ... is left largely to the sound discretion of the judge”
“In determining whether a ‘substantial issue’ meriting an evidentiary hearing . . . has been raised, we look not only at the seriousness of the issue asserted, but also to the adequacy of the defendant’s showing on the issue raised”
postconviction discovery under rule 30 \is properly left to the judge's discretion\

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Braucher, Kaplan, Wilkins, Abrams

Read full opinion on CourtListener

Cited by

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

Cites

19 cases in this archive are cited by this case.

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