Case law

Commonwealth v. Robinson

449 Mass. 1 · Massachusetts Supreme Judicial Court · Apr 26, 2007

[T]he current empirical foundation may be too meager to support recommendations for reform or qualify as a subject of scientific knowledge.” … The judge clearly acted within her discretion in determining, *11 at 11:20 a.m., that the juror had created an unreasonable delay.

In re a Grand Jury Investigation

437 Mass. 340 · Massachusetts Supreme Judicial Court · Jul 23, 2002

We address these points seriatim, reviewing the contempt judgment’s rulings of law de nova and its findings of fact under the “clearly erroneous” standard. Demoulas v. … Our earliest opinions described the privilege as “very well established.” Foster v. Hall, 12 Pick. 89 , 93 (1832).

Opinion of the Justices to the Senate

406 Mass. 1201 · Massachusetts Supreme Judicial Court · Nov 28, 1989

Moreover, the court added that the whole of what the deceased witness said should be proved because some part of what was said and not recollected might limit and qualify the meaning of the words which are recollected. … The prosecution bears the burden of establishing the necessity for admission of the prior statement through establishing the person’s unavailability at the time of the trial. Id. at 742 .

Rrk v. Sgp

400 Mass. 12 · Massachusetts Supreme Judicial Court · May 14, 1987

No threshold showing of a constitutionally based claim was established. … s position to seek to establish his paternity or visitation rights with regard to a child born while S.G.P. was married to another man. G.L.c. 209C, § 5( a ).

McNeely v. Board of Appeal of Boston

358 Mass. 94 · Massachusetts Supreme Judicial Court · Jul 3, 1970

A denial of a permit would work a substantial hardship on Suffolk by imposing a limitation on its corporate purpose to furnish educational facilities and instruction to qualified students and the general public.” … Financial hardship to the owner alone is not sufficient to establish “substantial hardship” and thereby justify a variance. Everpure Ice Mfg. Co. Inc. v. Board of Appeals of Lawrence, 324 Mass. 433, 438 .

Commonwealth v. Stewart

454 Mass. 527 · Massachusetts Supreme Judicial Court · Aug 14, 2009

In addition, the statement must clearly be “that of the witness, rather than the interrogator,” i.e., the statement must not be coerced and must be more than a “mere confirmation or denial of an allegation by the interrogator … For that reason alone, his grand jury testimony did not qualify under the Daye limitation.

Custody of a Minor (No. 3)

378 Mass. 732 · Massachusetts Supreme Judicial Court · Aug 9, 1979

The result reached by the judge was clearly warranted, and probably required, on the evidence before him. … 301-392 (1976) — and thus eligible for marketing only after the filing and approval of a new drug application —because it falls within the statutory definition of a "drug [that] is not generally recognized, among experts qualified

Liberty Mutual Insurance v. Tabor

407 Mass. 354 · Massachusetts Supreme Judicial Court · May 14, 1990

She was not therefore using the automobile with Embassy’s permission and did not qualify as an “insured.” Thus, concludes Liberty, Skinner was not covered by the policy. … We will not read into the policy any purported limitation of liability based on an exclusion not clearly expressed by the drafter.

Goodhue v. State Street Trust Co.

267 Mass. 28 · Massachusetts Supreme Judicial Court · Apr 1, 1929

The administrator was appointed and duly qualified on August 11, 1925. The estate is insolvent and has been so represented in the Probate Court. … Sumner, 17 Mass. 110 , 113, as follows: '' The general rule is perfectly well established, that the delivery of possession is necessary in a conveyance of personal chattels, as against every one but the vendor.

Commonwealth v. Donovan E. Goparian

Massachusetts Supreme Judicial Court · Jul 23, 2025

On remand, he bears the burden of establishing prejudice" [citation omitted]). … It is debatable whether Nuzzolilo qualifies as a "cooperator[] or [person] who while not having a written agreement ha[s] not been charged but [is] legally culpable," and thus whether Richardson's e-mail message falls within

Pirrone v. City of Boston

364 Mass. 403 · Massachusetts Supreme Judicial Court · Dec 17, 1973

We have often reiterated “our well established principle of construction” that, absent a clearly expressed legislative intent to the contrary a special act “made in regard to a place, growing out of its peculiar wants, condition … It has been so qualified in several cases, most of which involve the use of mandamus to review the action taken by local officials in counting votes cast in local elections. See, e.g., Flanders v.

Commonwealth v. Housen

458 Mass. 702 · Massachusetts Supreme Judicial Court · Jan 20, 2011

The Commonwealth’s prima facie case was thus established. The Commonwealth was not required to prove who shot the victim, see Commonwealth v. … Wright, 411 Mass. 678, 681 (1992). *710 The opinion of the testifying medical examiner as to the cause of death was clearly his opinion, and not merely a recitation of the opinion of the medical examiner who performed the

Boston Edison Co. v. Department of Public Utilities

419 Mass. 738 · Massachusetts Supreme Judicial Court · Mar 16, 1995

824a-3 [1988]), which was enacted to encourage the development of alternative energy sources that would reduce the demand for fossil fuels, adopted regulations requiring electric utilities to request project proposals from qualifying … reveal need for capacity from RFP 3.” 7 In effect, the department stated that an exception to its regulations was not warranted because Edison’s “without RFP 3” analysis was not supported by “persuasive evidence [that] clearly

Commonwealth v. Woodward

427 Mass. 659 · Massachusetts Supreme Judicial Court · Jun 16, 1998

The doctrine serves the public purpose of allowing the jury to convict of the offense established by the evidence, rather than forcing them to choose *665 between convicting the defendant of an offense not fully established … Two of these photographs were sharply focused close-ups of the fracture and showed its edges more clearly than other previously produced evidence. The judge allowed Dr.

Commonwealth v. Tuck

37 Mass. 356 · Massachusetts Supreme Judicial Court · Jun 28, 1838

Every fact which is a necessary ingredient of the offence, must be clearly and specifically stated. Archb. Crim. Pl. 15. … The rules and dis *363 tinctioDs applicable to this point are clearly and accurately explained in Commonwealth v. Maxwell, 2 Pick. 138 .

Commonwealth v. Fisk

49 Mass. 238 · Massachusetts Supreme Judicial Court · Oct 15, 1844

But we oic. of opinion that this dedication of an area for public use was subordinate and incidental to the establishment of the public *244 buildings. … The terms here used, “ public convenience,” are connected with, and qualified by, the other terms referring to the buildings to be erected; and the convenience provided is for those who have occasion to use the buildings.

Williams v. Bradley

85 Mass. 270 · Massachusetts Supreme Judicial Court · Nov 15, 1861

of the previous provisions in the same clause, we think such an interpretation would be inconsistent with and repugnant to the express trust, which the testator carefully and with studious detail has thereby declared and established … exercise a discretion in paying over only so much of the income as they might deem expedient, or to expend the whole or part of it for the support of the children and grandchildren, may well be construed as designed to qualify

Boston Gas Co. v. Department of Public Utilities

405 Mass. 115 · Massachusetts Supreme Judicial Court · Jun 12, 1989

Other charitable gifts may be less clearly includible in the cost of service. Two-thirds of the company’s charitable gifts during the test year went to the United Way. … The question, which is not presented in this proceeding, would then be: how direct must a ratepayer benefit be in order to qualify an institutional advertising expense for rate recognition? See East Ohio Gas Co. v.

Commonwealth v. Boston & Maine Railroad

57 Mass. 25 · Massachusetts Supreme Judicial Court · Jan 15, 1849

It is very clear, that the commonwealth, by an act of legislation, in express terms, may grant its lands, or any qualified interest or easement in land. … The latter, it is believed, has been the plan in regard to every railroad, thus far established in this commonwealth.

Cummings v. Secretary of Environmental Affairs

402 Mass. 611 · Massachusetts Supreme Judicial Court · Jun 20, 1988

Massachusetts Port Auth., supra , for this court to conclude that the Secretary's determination that no EIR is required may qualify as "damage caused or about to be caused" in "violation" of an environmental statute. … Chapter 30, § 62H, clearly does not itself purport to create such jurisdiction.