Massachusetts Appeals Court· 9/25/2001

Commonwealth v. Wheeler

Citations

52 Mass. App. Ct. 631
756 N.E.2d 1
2001 Mass. App. LEXIS 904

How courts have described this case

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

defendant has burden to produce credible reason to reverse final decision that outweighs risk of prejudice to Commonwealth
denial of motion for new trial upheld where defendant's claim lacked reliable and credible proof and ran counter to presumption of regularity
defendant has burden to produce credible reason to reverse final decision that outweighs risk of prejudice to Commonwealth
“The defendant has the burden of producing a credible reason to reverse the final decision, arrived at after trial or plea, that outweighs the risk of prejudice to the Commonwealth”
“The presumption of regularity and the principle of finality are particularly applicable when, as here, adverse consequences appear, especially adverse consequences not contemplated or considered possible at the time of the proceeding”
\Judges are to apply the standard set forth in rule. 30(b) rigorously and should only grant such a motion if the defendant comes forward with a credible reason which outweighs the risk of prejudice to the Commonwealth.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Grasso

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Cited by

37 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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