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· 11/15/1991

Wesley P. Tart v. Commonwealth of Massachusetts

Citations

  • 949 F.2d 490
  • 1991 U.S. App. LEXIS 27014

How courts have described this case

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

  • deciding the case on other grounds but, 10 noting “the discretionary authority of federal appellate courts to raise the Stone prohibition sua 11 sponte” (emphasis added)
  • explaining that under Mass. R. Crim. P. 24(b), “an objection to a jury instruction must be made before the jury retires to deliberate”
  • noting that absent clear evidence of contrary legislative intent, criminal statutes are generally presumed to require the state to establish defendant's culpable state of mind
  • deciding the case on other grounds but, 10 noting “the discretionary authority of federal appellate courts to raise the Stone prohibition sua 11 sponte” (emphasis added)
  • noting “the discretionary authority of federal appellate courts to raise the Stone prohibition sua sponte”
  • preserving state law prohibition on permitless landing of raw fish in state because federal fishing licensing statute, which authorizes the navigation and taking of fish from state territorial waters, does not \occupy the field\ of coastal fishing

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Cyr, Pollak

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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