· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.