Case law

Commonwealth v. Neves

474 Mass. 355 · Massachusetts Supreme Judicial Court · May 25, 2016

Before trial, the defendant 1 Joao Cruz was granted immunity in exchange for his testimony, and the jury were so instructed. 2 The deoxyribonucleic acid (DNA) profile of Edward Conley matched a DNA … At a voir dire hearing, a victim witness advocate testified that Resendes had remembered the night of the shooting "clearly" when the advocate interviewed her one week before trial.

Commonwealth v. Jules

464 Mass. 478 · Massachusetts Supreme Judicial Court · Mar 7, 2013

The record established, without contradiction, that the translator had provided translation services for the Brockton police department on prior occasions. … In the circumstances, we discern no reason to disturb the judge’s determinations that, on the record before him, are not clearly erroneous.

Perullo v. Advisory Committee on Personnel Standards

476 Mass. 829 · Massachusetts Supreme Judicial Court · Apr 24, 2017

See § 16.700.B of the Manual. 5 The Advisory Committee on Personnel Standards (committee) is established pursuant to G. L. c. 211B, § 8 (§ 8). … Perullo argues that she does not come within the scope of § 8, because "judges, clerks and registers of probate" are excepted from the section's coverage and, as an assistant clerk- magistrate, she qualifies as a "clerk

A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transportation Authority

479 Mass. 419 · Massachusetts Supreme Judicial Court · May 2, 2018

If a contract clearly defines the public entity's right to terminate, the bidders are equally on notice of such a possibility. … The MBTA's broad latitude under the contract does not immunize it against such an allegation. See Robert & Ardis James Found. v.

Commonwealth v. Macloon

101 Mass. 1 · Massachusetts Supreme Judicial Court · Jan 15, 1869

The unlawful intent with which the wound is made or the poison administered attends and qualifies the act until its final result. … II., if a mortal stroke was given on the high sea, and the person stricken came to land in England and died there, then, according to the rule established before the St. of Edw.

Commonwealth v. Burgess

426 Mass. 206 · Massachusetts Supreme Judicial Court · Dec 8, 1997

We have also held that the type of immunity that provides the requisite degree of protection for art. 12 purposes is the so-called transactional immunity, which provides a greater protection than the “use and derivative use … immunity” required by the Fifth Amendment.

Student No. 9 v. Board of Education

440 Mass. 752 · Massachusetts Supreme Judicial Court · Jan 27, 2004

The board has established a “certificate of attainment” that school committees may award to students who meet local high school graduation requirements, but who do not qualify for a diploma because they have not passed the … L. c. 69, § ID, second par., “[t]he standards shall cover grades kindergarten through twelve and shall clearly set forth the skills, competencies and knowledge expected to be possessed by all students at the conclusion of

Commonwealth v. Smith

459 Mass. 538 · Massachusetts Supreme Judicial Court · Apr 26, 2011

The Commonwealth thus clearly had established the *547 existence of gang involvement in the drug business operating from Higgs’s apartment and the existence of substantial tensions between gang members relating to that business … the presentment and indictment of a grand jury, in case of high offences, is justly regarded as one of the securities to the innocent against hasty, malicious and oppressive public prosecutions, and as one of the ancient immunities

In re Cobb

445 Mass. 452 · Massachusetts Supreme Judicial Court · Dec 8, 2005

established when the respondent filed the claim, it was clear that a violation of a disciplinary rule did *461 not establish a basis for civil liability. … Judges are not above criticism or immune from review of their court room conduct. See, e.g., Commonwealth v. Sylvester, 388 Mass. 749, 750-752 (1983); Matter of Troy, 364 Mass. 15 (1973).

Welker v. Welker

325 Mass. 738 · Massachusetts Supreme Judicial Court · May 4, 1950

that precludes the petitioner here, a nonresident husband, from seeking relief against his wife who, since going through a marriage ceremony in 1947 with another man, has since been living with him in a home which he has established … After a full and fair trial of that issue the judge found that she had no domicil in Florida, and an examination of the evidence does not show that he was plainly wrong but demonstrates that he was clearly right.

Hoxie v. Pacific Mutual Insurance

89 Mass. 211 · Massachusetts Supreme Judicial Court · Oct 15, 1863

In this somewhat distressing conflict of opinion among those best qualified to know what the law is or ought to be, on a matter of so much interest and importance to the commercial community, and in the absence of any authority … ; and to disregard and reject them in giving an interpretation to the provisions which they contain, would be clearly contrary to the plain intent and understanding of the parties.

Commonwealth v. Drumgold

423 Mass. 230 · Massachusetts Supreme Judicial Court · Jul 18, 1996

Such an examination clearly threatened to evoke incriminatory answers. … Also, Z’s remarks in reaction to being told that juror W was in favor of a mistrial do not qualify as an extraneous disturbing influence.

Correia v. Department of Public Welfare

414 Mass. 157 · Massachusetts Supreme Judicial Court · Jan 13, 1993

The regulations provide that to qualify for disability benefits, an applicant must show that he or she: (A) is under age sixty-five; (B) has a disability expected to last sixty days or more; (C) meets the department’s medical … At the same time, he must allow the agency to exercise its discretion within the legal requirements. 14 To this end, and with an eye to the difficulty of crafting an order which both clearly details the illegalities that

Whiting v. Smith

30 Mass. 364 · Massachusetts Supreme Judicial Court · Oct 15, 1832

It has a prescriptive claim to our respect, and should not be abrogated unless it can be clearly shown to be in violation of established principles of law, inconvenient in practice, or subversive of the ends of justice. … And whether it was, when adopted, well supported by authority or not, it is now an established. rule, and we have no disposition to change it.

Chelsea v. New England Police Benevolent Association, Inc., Local 192

Massachusetts Supreme Judicial Court · Mar 8, 2023

It is negotiated in a highly regulated environment that determines the certification and decertification of unions and establishes bargaining obligations of unions and employers. … The first question is clearly not disputed in the instant case.

Commonwealth v. Burgess

450 Mass. 422 · Massachusetts Supreme Judicial Court · Jan 11, 2008

They concerned a proper subject of expert testimony, as they asked the qualified witness to express an opinion based on the shape and placement of the wounds. … TypicaIly, a statement must first be evaluated for admissibility under normal evidence rules, i.e., whether it qualifies as a hearsay exception.

Commonwealth v. Massachusetts Turnpike Authority

349 Mass. 1 · Massachusetts Supreme Judicial Court · Apr 6, 1965

It also clearly expresses the legislative understanding that compensation was to be paid to the Commonwealth for the armory. We hold that the taking was valid. *5 2. … It is very clear, that the [C] ommonwealth, by an act of legislation, in express terms, may grant its lands, or any qualified interest or easement in land.

Commonwealth v. Phoenix

409 Mass. 408 · Massachusetts Supreme Judicial Court · Feb 28, 1991

The defendant clearly does not have the burden of proving an alibi. See Commonwealth v. Berth, 385 Mass. 784, 789 (1982). … Neither of these findings was required to establish the defendant’s guilt.

Flaherty v. Thomas

94 Mass. 428 · Massachusetts Supreme Judicial Court · Jan 15, 1866

as it is inconsistent with the new law, does not prescribe a suitable punishment for such a crime, and is not fit to be continued in force; and therefore the later statute, laying down a new rule, in the absence of any qualifying … old law cannot be resorted to after the new law has taken effect, for the punishment of an offence committed before the passage of the latter, even if the offender has been already convicted by the verdict of a jury, is clearly

Briggs v. Murdock

30 Mass. 305 · Massachusetts Supreme Judicial Court · Oct 15, 1832

This appears by the town record, and it is competent and abundantly sufficient evidence to establish the fact, that the plaintiff was duly sworn into office. … They were also duly qualified, as the clerk testifies, and as, for reasons given by him, the minutes of the administering of the oath were never recorded, parol evidence to prove the fact was competent. Bassett v.