Case law

Sturges v. Town of Chilmark

380 Mass. 246 · Massachusetts Supreme Judicial Court · Mar 27, 1980

See St. 1974, c. 637, establishing the Martha’s Vineyard Commission. We discussed this legislation in Island Properties, Inc. v. … Practical considerations thus support our conclusion that § 6 was not intended to restrict residential use of two otherwise qualifying adjacent lots which meet only at a point. *262 5.

Loring v. Young

239 Mass. 349 · Massachusetts Supreme Judicial Court · Aug 8, 1921

It is the only authoritative instru *359 mentality to that end established by the Constitution. … Borden, 7 How. 1 , which is the established and which the revolutionary, may under appropriate circumstances be a political question.

Commonwealth v. Beland

436 Mass. 273 · Massachusetts Supreme Judicial Court · Mar 12, 2002

The defendant did, however, suffer from some cognitive deficits, testing in the borderline range for intelligence, but his deficiencies were not severe enough to qualify as a mental defect. Dr. … The rule we established in Commonwealth v. Mavredakis, supra, is designed to effectuate the protections against self-incrimination afforded to suspects under art. 12.

L.B. v. Chief Justice of the Probate and Family Court Department

474 Mass. 231 · Massachusetts Supreme Judicial Court · May 4, 2016

s cases denied her requests on the ground that a "petition for removal of [a] guardian does not qualify [for] appointment of parent's counsel," and the judge in C.L.' … Having counsel at one phase of a guardianship proceeding clearly does not suffice for due process purposes if the parent is also entitled to have counsel at another phase.

Commonwealth v. Ferreira

373 Mass. 116 · Massachusetts Supreme Judicial Court · Jul 22, 1977

Detective Edward Pedro testified that no paraffin test was performed on the defendant or Silva because the test is unreliable and no one in the Fall River police department was qualified to give it. … The evidence here demonstrated clearly that a vicious and unprovoked murder was committed and that one of two men, the defendant or Silva, committed that murder. 10 While there was evidence from which the jury could have

Stebbins v. Jennings

27 Mass. 172 · Massachusetts Supreme Judicial Court · Oct 15, 1830

But were it otherwise, were it proved ever so clearly, that to some purposes churches are corporations, with power to bold property, it would tend very little to establish the conclusion, that therefore they may secede from … The latter, being qualified to provide for the support of public worship, and the maintenance of religious teachers, is invested with all vhe powers pf an independent body politic, which are necessary and proper to enable

Commonwealth v. Murphy

409 Mass. 665 · Massachusetts Supreme Judicial Court · Apr 3, 1991

General Laws c. 90 establishes a comprehensive scheme for registering automobiles and licensing drivers, while G.L.c. 266 punishes certain crimes against property, including the theft and concealment of automobiles. … The purpose of licensing operators of automobiles is to make it reasonably certain that the licensee is qualified for the task and a proper person to be licensed. G.L.c. 90, §§ 8, 10." Gordon v.

Attorney General v. Old Colony Railroad

160 Mass. 62 · Massachusetts Supreme Judicial Court · Nov 3, 1893

I am therefore of opinion that the peti-, tians should not be dismissed on the ground that the statute impairs the obligation of contracts securing to the defendants immunity from reduction of fares. … The Legislature’s determination of what is reasonable is also conclusive, subject only to the limitation that its enactment shall not conflict with any expressed or clearly implied provisions of the Constitution either of

Attorney General v. Proprietors of the Meeting-house in Federal Street

69 Mass. 1 · Massachusetts Supreme Judicial Court · Nov 15, 1854

time be in want of a minister, shall have power, according to the word of God, to choose their own minister; and the major part of such inhabitants as do usually attend on the public worship of God, and are by law duly qualified … Whoever else, therefore, may be, or claim to be, cestuis que trust, the- holders of pews are clearly entitled to stand in that relation. For whom then were these grantees constituted trustees ?

Commonwealth v. Fritz

472 Mass. 341 · Massachusetts Supreme Judicial Court · Jul 29, 2015

Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), to establish the reliability of the methodology underlying Seay's testimony. … The judge who denied his motion for a new trial on this basis rejected the claim, pointing out that the record established a meaningful opportunity to establish bias on the part of these witnesses. We agree.

Doe v. Sex Offender Registry Bd.

483 Mass. 131 · Massachusetts Supreme Judicial Court · Sep 13, 2019

Bard testified at Doe's 2015 hearing, where he was qualified as an expert witness. … Each element must be established by this standard.

Souza v. Sheriff of Bristol County

455 Mass. 573 · Massachusetts Supreme Judicial Court · Jan 5, 2010

Because the Legislature may not “effectQ a material change in or a repeal of the common law unless the intent to do so is clearly expressed,” Riley v. Davison Constr. Co., 381 Mass. 432, 438 (1980), quoting Pineo v. … Under the program, an inmate qualifies as “indigent” if he or she has five dollars or less in her IMA for a period of thirty days.

Commonwealth v. Taylor

426 Mass. 189 · Massachusetts Supreme Judicial Court · Dec 3, 1997

“During the entire conversation the defendant was rational, soft spoken, clearly understandable, not emotional, or under the influence of alcohol or drugs, and [he] appeared of average intelligence.” … The evidence presented to the grand jury established probable cause that the defendant committed the crimes with which he was charged.

A.W. Chesterton Co. v. Massachusetts Insurers Insolvency Fund

445 Mass. 502 · Massachusetts Supreme Judicial Court · Dec 12, 2005

Within three days of receiving notice, in November, 1987, of Chesterton’s asbestos-related claims under the Midland policy, the Fund responded by expressly reserving its rights as to whether the claims qualified as covered … Cifrino, 328 Mass. 549, 557 (1952) (“It is well established in the Commonwealth that loches does not operate to bar a claim simply because the events which established rights in the plaintiff occurred long ago”).

Commonwealth v. Almonte

465 Mass. 224 · Massachusetts Supreme Judicial Court · May 20, 2013

The evidence in this case clearly was sufficient to meet the Latimore standard. … These conclusory assertions hardly qualify as proper argument, but in any event, “[a] claim of ineffective assistance of counsel that has not first been made in a motion for a new trial is the ‘weakest form’ of such a challenge

Stewart v. Roy Bros. Inc.

358 Mass. 446 · Massachusetts Supreme Judicial Court · Dec 21, 1970

At the close of the evidence Roy moved for a directed verdict on the ground that common employment had been established as a matter of law. The motion was denied sub *454 ject to Roy’s exception. … Also, this case does not involve the clearly distinguishable situation in which a trucker was delivering materials to a construction site, or to a place where the owner of the materials was to use them. See Clark v. M.

Marshal House, Inc. v. Rent Control Board of Brookline

358 Mass. 686 · Massachusetts Supreme Judicial Court · Feb 10, 1971

We stated in the previous Marshal House case that the Legislature might conclude that an emergency existed in certain areas, as it clearly did here as to Brookline in passing c. 843. We said in Russell v. … The result would be a less uniform pattern of rent control Statewide than presently exists, 6 but one which like this one would be constitutionally immune from attack, for it would be a product of differing local needs and

R.R.K. v. S.G.P.

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

Stappen, 336 Mass. 174 (1957), we recognized a third means to overcome the presumption of legitimacy: by a blood grouping test properly conducted by a qualified expert which definitely excludes the husband as the father. … No threshold showing of a constitutionally based claim was established.

Bournewood Hosp. v. MASS COMM'N AGAINST DISCRIMINATION

371 Mass. 303 · Massachusetts Supreme Judicial Court · Nov 4, 1976

Even though it is well established that "[c]ourts of equity, in certain cases under ... [their] general powers, allow counsel fees," Sears v. Nahant, supra at 240 ; Loyal Protective Life Ins. Co. v. … This woman, although qualified to perform the job, had no previous experience at a psychiatric hospital, and was not required to serve any trial period before receiving the weekly salary just mentioned.

Commonwealth v. DiPadova

460 Mass. 424 · Massachusetts Supreme Judicial Court · Aug 22, 2011

The defendant stated that he had used crack cocaine on the night of the murder, but did not indicate clearly whether he did so before or after killing the victim. … Voluntary consumption of alcohol or drugs, intoxication and even alcoholism or drug addiction do not qualify as “mental disease[s] or defect[s]” in the McHoul formulation; as a result, a defendant whose lack of substantial