Case law

Commonwealth v. Laltaprasad

475 Mass. 692 · Massachusetts Supreme Judicial Court · Oct 14, 2016

The court answered that § 3 (e) was clearly intended, "at some time, to empower judges with discretion to impose a sentence below a mandatory minimum sentence established by statute." Id. at 322. … The defendant's criminal record, before the sentencing judge in connection with the Commonwealth's motion to reconsider the sentence, clearly qualifies the defendant as a subsequent offender.

Godfrey v. Massachusetts Medical Service

359 Mass. 610 · Massachusetts Supreme Judicial Court · Jun 11, 1971

Section 4 clearly grants to the defendant the discretion to enter into contracts with podiatrists. See Answer of the Justices, 346 Mass. 787, 790 . … It is well established that legislation will be upheld “[ujnless . . . [it] cannot be supported upon any rational basis of fact that reasonably can be conceived to sustain it.” Sperry & Hutchinson Co. v.

Commonwealth v. Valdez

475 Mass. 178 · Massachusetts Supreme Judicial Court · Aug 17, 2016

An immigration judge will preside over the removal proceedings, see 8 U.S.C. § 1229a(a)(1) (2012), at which the noncitizen has the burden of establishing that he or she “is clearly and beyond doubt entitled to be admitted … The Federal statute governing the inadmissibility of noncitizens, 8 U.S.C. § 1182 (a)(2), does not identify the crimes that qualify as “involving moral turpitude.”

American Trucking Ass'n v. Secretary of Administration

415 Mass. 337 · Massachusetts Supreme Judicial Court · May 25, 1993

Revenue from fuel license fees is placed in the “Highway Fund,” established by G. … In establishing these fees, the Legislature clearly intended that interstate truckers pay only their fair share of the costs incurred by the Commonwealth.

Brookline v. COMMR. OF DEPT. OF ENVTL. QUALITY ENG'G

398 Mass. 404 · Massachusetts Supreme Judicial Court · Sep 8, 1986

Whether this theory is correct, it has been established for carcinogens, generally, that, as the exposure increases, the risk increases. … DEQE clearly has not erred in drawing the line between reasonable and unreasonable risks.

Hoffman v. Houghton Chemical Corp.

434 Mass. 624 · Massachusetts Supreme Judicial Court · Jul 19, 2001

We explained that, in such circumstances: “[T]he manufacturer’s immunity from liability if the consumer does not receive the warning is explicable on the grounds that the intermediary’s failure to warn is a *633 superseding … We conclude that, in all respects but one, tire instruction clearly, adequately, and correctly explained the applicable law to the jury. See Torre v. Harris-Seybold Co., 9 Mass. App. Ct. 660, 678-679 (1980).

Jones v. Taibbi

400 Mass. 786 · Massachusetts Supreme Judicial Court · Aug 18, 1987

As that privilege is commonly applied, it clearly affords protection to the defendants against one of the plaintiff s claims. … The reporting and broadcast of the plaintiffs arrest is therefore clearly privileged. The newscaster’s statement that the plaintiff had been charged with murder is not so clearly protected.

Commonwealth v. Desper

419 Mass. 163 · Massachusetts Supreme Judicial Court · Dec 14, 1994

Clearly, the affidavit in this case was not a model of its kind. … The affidavit was silent on the procedures employed which qualified the informant’s purchase of narcotics as a “controlled buy.”

John Donnelly & Sons, Inc. v. Outdoor Advertising Board

369 Mass. 206 · Massachusetts Supreme Judicial Court · Dec 15, 1975

In the present case, the specific question is whether the local regulations are “inconsistent with principles clearly established by comprehensive State legislation or by authorized regulations.” … Urban residents are not immune to ugliness. As noted by the New Jersey Superior Court in Westfield Motor Sales Co. v. Westfield, 129 N.J.

Kelleher v. Personnel Administrator of the Department of Personnel Administration

421 Mass. 382 · Massachusetts Supreme Judicial Court · Nov 16, 1995

L. c. 31, § 15, may provide a route for appointing authorities to bypass better qualified, short list candidates, we must honor the clear legislative intent to allow such a procedure for provisional promotions. … Whatever interpretive authority the administrator may enjoy, it is clearly subordinate to that of the commission. G. L. c. 31, § 2 (b).

Madden's Case

222 Mass. 487 · Massachusetts Supreme Judicial Court · Feb 7, 1916

C. 443, at page 448, “The words ‘by accident’ are . . . introduced parenthetically as it were to qualify the word ‘injury,’ confining it to a certain class of injuries, and excluding other classes, as, for instance, injuries … Greene, 2 Gray, 361 , 364, they cannot control a plain rule of positive law established by clear language in a legislative mandate.

Harrison v. Textron, Inc.

367 Mass. 540 · Massachusetts Supreme Judicial Court · Apr 30, 1975

As the opinion clearly states (655-657), it did not invalidate that portion of the by-law change allowing new access ways by special permit from the board of appeals. … the defendants . . . have continuously engaged in a conspiracy with various officials of the town of Braintree and others to deprive the plaintiffs, who are citizens of the United States, of their rights, privileges and immunities

Commonwealth v. LeFave

430 Mass. 169 · Massachusetts Supreme Judicial Court · Aug 18, 1999

The art. 12 confrontation issue was clearly identified by the time the defendant’s appeal from her convictions was heard, but it was not argued, and thus it was waived. Id. at 643-644 . … The defendant’s allegedly new evidence lacks the characteristics necessary to qualify as newly discovered evidence that could warrant granting a new trial. Contrast Commonwealth v. Meggs, 30 Mass. App. Ct. 111 (1991).

Rate Setting Commission v. Baystate Medical Center

422 Mass. 744 · Massachusetts Supreme Judicial Court · May 23, 1996

Although the phrase has been applied in one other decision, Faulkner Hosp., supra at 705, this court did not explain the phrase beyond stating that “clearly on the facts before us, the hospitals had no control over the availability … Weiner, 569 F.2d 1156, 1157-1159 (1st Cir. 1978) (“the Medicaid rate . . . was established by dividing its base year costs for all inpatients ....

Agricultural National Bank v. Schwartz

325 Mass. 443 · Massachusetts Supreme Judicial Court · Mar 8, 1950

The words next of kin had acquired a well established meaning at the time the will was executed. There is no reference to any statute governing the succession to intestate property. … In these trust provisions the testator clearly distinguished the income from the principal of the trust and made a different disposition of each.

Dorgan v. City of Boston

94 Mass. 223 · Massachusetts Supreme Judicial Court · Jan 15, 1866

The intent of the legislature to exercise their sovereign right of appropriating private property is clearly indicated. … Such is not the natural or reasonable interpretation of the clause, standing as it does in relation to this class or species of taxation, without other words to qualify or restrict its meaning.

Commonwealth v. Mutina

366 Mass. 810 · Massachusetts Supreme Judicial Court · Feb 11, 1975

Two qualified psychiatrists testified for the defendant. The first was Dr. Leonard R. Friedman, who saw him at the Billerica house of correction the day after the shooting. … The evidence heard by them and the law given to them clearly played little part in their final verdict despite the length of their deliberations and the judge’s delivery of the Tuey 11 charge.

Commonwealth v. Hanson H.

464 Mass. 807 · Massachusetts Supreme Judicial Court · Apr 11, 2013

victim attends even if the juvenile and the victim had been attending the same school, it is unlikely that the Legislature intended to mandate such an exclusion for all juvenile probationers adjudicated delinquent for a qualifying … Co., 381 Mass. 432, 438 (1980) (statute not to be interpreted as effecting material change in common law unless intent to do so is clearly expressed).

Reep v. COMMISSIONER OF THE DEPT. OF EMP. & TRAINING

412 Mass. 845 · Massachusetts Supreme Judicial Court · Jun 11, 1992

But this argument, however appealing, cannot override what seems to us to be the clearly expressed legislative intent. … If the Legislature were to have favored that kind of onerous and harsh result, it is fair to assume that it would have said so in G.L.c. 151, § 25 ( e ), loudly and clearly. *860 I would reverse the judgment below and would

Commonwealth v. Ruiz

442 Mass. 826 · Massachusetts Supreme Judicial Court · Nov 19, 2004

The judge had an adequate basis for implicitly qualifying McDevitt as an expert. See id. at 183 . … Particularly, the prosecutor’s remarks were based on Polanco’s inconsistent statements as established through his grand jury testimony. See id. at 60-61 . 3. Jury instructions.