Case law

Doe v. Superintendent of Schools

421 Mass. 117 · Massachusetts Supreme Judicial Court · Aug 11, 1995

Clearly, since McDuffy , the Commonwealth has a duty to provide education to the plaintiff and it is an enforceable one. *138 McDuffy v. … interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities

Commonwealth v. Anderson

461 Mass. 616 · Massachusetts Supreme Judicial Court · Mar 9, 2012

Where the caller is anonymous, there are at least two ways to establish the caller’s reliability. … exception to the hearsay rule where it is made in reaction to a startling or shocking event if its utterance was ‘spontaneous to a degree which reasonably negated premeditation or possible fabrication and if it [tends] to qualify

Commonwealth v. Butler

464 Mass. 706 · Massachusetts Supreme Judicial Court · Mar 26, 2013

It is well-established that indictment or arrest starts the speedy trial clock. See United States v. … We need not tarry here, as a ten-year delay, as the Commonwealth concedes, clearly weighs heavily against the Commonwealth. ii. Reasons for delay.

Jet Spray Cooler, Inc. v. Crampton

377 Mass. 159 · Massachusetts Supreme Judicial Court · Jan 26, 1979

The second damage master’s subsidiary findings provided sufficient information concerning both the defend *180 ants’ sales to the plaintiffs’ customers and the plaintiffs’ "established earnings records” to allow the judge … It is clearly inappropriate to order a report of the evidence to assist parties who have delayed proceedings by continuances.

Commonwealth v. Deconinck

480 Mass. 254 · Massachusetts Supreme Judicial Court · Aug 10, 2018

Notably, the defendant did not establish that its admission was critical to his case. … With respect to  20 Fay's recorded statement, the judge found that it did not qualify as Adjutant evidence because it did not establish that the victim

Commonwealth v. Boyarsky

452 Mass. 700 · Massachusetts Supreme Judicial Court · Dec 9, 2008

The prosecutor’s characterization of the statement during his closing as an “offer[] to do five or eight or ten years” was perhaps an unfortunate choice of words, but the characterization itself did not convert what was clearly … At trial, the defense attorney on cross-examination establishe,d that the confession had not been recorded.

Commonwealth v. Campbell

378 Mass. 680 · Massachusetts Supreme Judicial Court · Aug 7, 1979

Montecalvo, 367 Mass. 46, 48-51 (1975), established that a judge may propound voir dire questions collectively. … Clearly, the defendants must be seated somewhere if they are to be accorded their constitutional right to be present at their trial.

Police Commissioner v. Municipal Court of Dorchester District

374 Mass. 640 · Massachusetts Supreme Judicial Court · Mar 16, 1978

Acting under that authority, the board certified a number of agencies as qualified to receive criminal records from State or local police departments, and certified another group of agencies as qualified to receive such information … L. c. 6, §§ 167-178, establishing a criminal record information system.

Commonwealth v. Bradshaw

385 Mass. 244 · Massachusetts Supreme Judicial Court · Feb 12, 1982

He clearly implied that during the earlier interview the men had mentioned hearing Folsom threaten to get Kidd. … These words were clearly not directed, as the defendant argues in his brief, at “the defendant’s entire defense.”

Commonwealth v. Lopes

478 Mass. 593 · Massachusetts Supreme Judicial Court · Sep 8, 2017

Feemster , 98 F.3d 1089 , 1092 (8th Cir. 1996) ("relative youth" qualified as "potential race-neutral factor justifying the exercise of 'peremptory' challenges"); United States v. … See Swafford , 441 Mass. at 332 , 805 N.E.2d 931 (testimony about gang affiliation allowed to establish defendants' retributive motive); Commonwealth v.

Marconi Wireless Telegraph Co. of America v. Commonwealth

218 Mass. 558 · Massachusetts Supreme Judicial Court · Oct 7, 1914

S. 617 , is established by Ewing v. Leavenworth, 226 U. S. 464 . … It may be an interesting question whether a foreign corporation can select any place attractive from financial, economic, or other reasons, and establish there the management of all its interstate commerce, and seek immunity

Commonwealth v. Bautista

459 Mass. 306 · Massachusetts Supreme Judicial Court · Apr 11, 2011

or should have known of [the defendant’s] voluntary surrender to ICE; (2) that [the defendant’s] failure to appear due to deportation proceedings was [the defendant’s] own fault; (3) that the actions of [the defendant] clearly … Those early cases demonstrate that historically, for a governmental act to qualify as a reason for the exoneration of a surety, the act must have been beyond the control of the defendant (principal) himself; it could not

Commonwealth v. Quentin Smith

Massachusetts Supreme Judicial Court · Jul 11, 2025

First, such testimony does not seek to establish the contents of an out-of-court document but instead to establish the absence of any document. See 5 C.S. Fishman & A. … "We accept the judge's findings of fact unless clearly erroneous but independently apply constitutional principles to the facts found." Commonwealth v. Rand, 487 Mass. 811 , 814 (2021), quoting Commonwealth v.

In the Matter of King

409 Mass. 590 · Massachusetts Supreme Judicial Court · Mar 26, 1991

The complaints here clearly satisfy the McKenney standards and were more than sufficient to permit the Judge reasonably to respond. … The Judge is correct that, generally, judges are immune from sanctions based solely on appealable errors of law or abuses of discretion. See Matter of Troy, 364 Mass. 15, 40 (1973).

In the Matter of a Minor

Massachusetts Supreme Judicial Court · Mar 17, 2020

When the person appears, he or she has a right to counsel, and must be examined by a qualified physician, psychologist, or social worker. Id. See Matter of G.P., supra at 117. … The hearing judge is in the best position to weigh the evidence, assess the credibility of witnesses, and make findings of fact; a reviewing court accepts these findings unless they are clearly erroneous.

Boston Edison Co. v. Boston Redevelopment Authority

374 Mass. 37 · Massachusetts Supreme Judicial Court · Dec 21, 1977

After informal contact between the Applicants and the BRA regarding the likelihood of the plan’s qualifying as a project under St. 1960, c. 652, and G. … This result would clearly advance several of the purposes of the zoning *68 code, as it would encourage the most appropriate use of land, prevent overcrowding, and lessen congestion.

Commonwealth v. Trefethen

157 Mass. 180 · Massachusetts Supreme Judicial Court · Oct 19, 1892

It was clearly competent for the jury to find, from the evidence recited in the exceptions, that, if Deltena J. … declarations on this ground, and they also concede that, to make a declaration admissible on this ground, it must *186 accompany an act which directly or indirectly is relevant to the issue to be tried, and must in some way qualify

Reagan v. Commissioner of Revenue

Massachusetts Supreme Judicial Court · Mar 10, 2023

An exemption is "to be recognized only where the property falls clearly and unmistakably within the express words of a legislative command." Blinder, supra. … Tax agreements are established to assure the feasibility of certain desirable projects.

Commonwealth v. Connor

392 Mass. 838 · Massachusetts Supreme Judicial Court · Aug 21, 1984

No hearing was held and no findings establishing “good cause” were made. A juror’s mere assertion of inability to abide by his oath does not establish the “good cause” required by the statute. … That wasn’t done with any reason other than to examine you to see how we could get the 16 best qualified people for jury duty, which I’m satisfied we’ve done.

Kattar v. Demoulas

433 Mass. 1 · Massachusetts Supreme Judicial Court · Dec 8, 2000

The defendants’ conduct occasioning foreclosure as retribution for Kattar’s refusal to testify qualifies as actionable conduct under § 11. … We cannot conclude that this finding was clearly erroneous. See Clegg v. Butler, 424 Mass. 413, 420 (1997) (determining that judge’s c. 93A findings will not be disturbed unless clearly erroneous).