# Commonwealth v. Rodriguez

> Massachusetts Supreme Judicial Court · August 9, 2010 · 457 Mass. 461

URL: https://www.frixlaw.com/law-library/cases/6454341

## Case

- **Full name:** Commonwealth v. Lionel Rodriguez (and a companion case)
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** August 9, 2010
- **Citations:** 457 Mass. 461; 931 N.E.2d 20; 2010 Mass. LEXIS 587
- **Precedential status:** Published
- **Opinion:** Concurrence by Marshall
- **Judges:** Ireland, Marshall
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Marshall v. Commonwealth, 463 Mass. 529 (2012).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6454341

## How later opinions describe it (automated extraction)

- noting “the impossible task of scrutinizing peremptory challenges for improper motives”

## Opinion text

Marshall, C.J.
(concurring, with whom Spina, J., joins). I agree with the result reached by the court in these cases. I write separately to express again my concern about the continued use of peremptory challenges. See Commonwealth v. Maldonado, 439 Mass. 460, 468 (2003) (Marshall, C.J., concurring). I remain persuaded that, “rather than impose on trial judges the impossible task of scrutinizing peremptory challenges for improper motives,” Commonwealth v. Calderon, 431 Mass. 21, 29 (2000) (Lynch, J., dissenting), it is time either to abolish them entirely, or to restrict their use substantially.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6454341. Public record. Not legal advice.