Case law

Commonwealth v. Coleman

366 Mass. 705 · Massachusetts Supreme Judicial Court · Jan 30, 1975

It is the defendant’s present submission that the very failure of his then counsel to object goes part of the way to establish that he was deprived of effective assistance of counsel, and he urges us so to find on the whole … “The weight of the evidence clearly [was] that he was confused and frightened.” Id. at 713 . We cannot fairly say the same here, and our facts are quite different.

Greenfield Savings Bank v. Stowell

123 Mass. 196 · Massachusetts Supreme Judicial Court · Sep 5, 1877

Possibly, to prevent circuity of action, the right of the banker to immunity in respect of the loss so brought about would afford him a defence in an action by the customer to recover the amount.” Swan v. … But it was said in the opinion, that “ if the word 6 at ’ had not been inserted in the note, it would have been a .complete note without the insertion of other words ” — clearly implying that, if the form of the note had

Costa v. Fall River Housing Authority

453 Mass. 614 · Massachusetts Supreme Judicial Court · Apr 13, 2009

Much of the article clearly derives from the police report, and is cumulative even if it were properly admitted. … by the police of Costa’s house; or whether it relied in whole or in part on the statement in the newspaper report that Costa was running “a prostitution operation” out of the rented premises — a statement that implies an established

Mass. Fine Wines & Spirits, LLC v. Alcoholic Beverages Control Comm'n

482 Mass. 683 · Massachusetts Supreme Judicial Court · Jul 24, 2019

The judge concluded that "the [c]ommission has interpreted the definition of 'invoiced cost' in a manner that is inconsistent with well-established principles of statutory construction." … That reality is demonstrated by the e-mail records in this case, which reveal that wholesalers routinely sought to reassure Total Wine that it would be issued the CQDs for which it qualified.

Commonwealth v. Acen

396 Mass. 472 · Massachusetts Supreme Judicial Court · Jan 6, 1986

Jury service clearly lies at the heart of Anglo-Saxon democratic self-government and falls within the Bernal political function exception. See Perkins v. Smith, supra at 138 . … Such an approach, however, oversimplifies the history of Magna Charta, which was directed “to the reform of a specific and clearly defined group of abuses.” McKechnie, supra at 437.

Commonwealth v. Mulgrave

472 Mass. 170 · Massachusetts Supreme Judicial Court · Jul 13, 2015

The first requirement, that there be an exciting event giving rise to the exception, is clearly satisfied by the statement itself, the 911 telephone call, and the victim's condition approximately ten minutes later.4 … Further, she did not name the defendant, a fact likely to be communicated by a declarant attempting to establish her perpetrator's identity.

R.W. Granger & Sons, Inc. v. J & S Insulation, Inc.

435 Mass. 66 · Massachusetts Supreme Judicial Court · Sep 6, 2001

To that end, the statute provides a remedy of multiple damages where an insurer “forc[es] plaintiffs to litigate clearly valid claims.” Id. … Ct. 650, 653-654 (1997). 18 J&S has met that burden and has established that it is entitled to G.

Commonwealth v. Martino

412 Mass. 267 · Massachusetts Supreme Judicial Court · Mar 19, 1992

The Commonwealth established both motive and opportunity on the part of the defendant. … None of these solutions would have been clearly adequate. First, at the time the attorney entered the house, he told the officer he only planned “to look around.”

Commonwealth v. Beneficial Finance Company

360 Mass. 188 · Massachusetts Supreme Judicial Court · Nov 4, 1971

The findings of the judge, although not worded in precisely these terms, clearly establish compliance by the prosecutors with this standard in their conduct before the grand jury. … Such a reading of §. 1 does not make the 1924 (St. 1924, c. 311, § 1) amendment, which adds qualified but non-registered voters, “ineffective,” as Household argues.

Keniston v. Board of Assessors

380 Mass. 888 · Massachusetts Supreme Judicial Court · Jun 19, 1980

While it may be true that fewer taxpayers will receive abatements under the § 10 formula and that the abatements of those taxpayers who do qualify may be smaller under § 10 than under the most favored class remedy,, we cannot … As demonstrated in our discussion; infra, the plaintiffs do not establish unconstitutionality with regard to prospective application, but they clearly demonstrate detrimental and discriminatory aspects of the challenged sections

Commonwealth v. Trapp

396 Mass. 202 · Massachusetts Supreme Judicial Court · Nov 13, 1985

Despite its claim to the contrary, the prosecution has not established through testimony of expert witnesses that such inferences are warranted. … The probative value of the evidence of possession of marihuana is not clear and was not established.

Commonwealth v. Pike

431 Mass. 212 · Massachusetts Supreme Judicial Court · Apr 13, 2000

A defendant seeking a new trial on the basis of newly discovered evidence must establish both that the evidence is newly discovered and that it casts real doubt on the justice of the conviction. See id. … Baxter is a highly respected and qualified psychiatrist, the judge reasonably found that the doctor’s opinion was dependent on the accuracy and reliability of facts presented to her by the defendant.

Central Bridge Corp. v. City of Lowell

81 Mass. 106 · Massachusetts Supreme Judicial Court · Jan 15, 1860

This act, having been accepted by both corporations, confirmed and established this liquidation: like a settled account, it precluded further inquiry into the items of which it was composed. … The fifth clearly and succinctly states the true ground of inquiry before the jury, also the eleventh and twelfth.

Mayo v. Boston Rent Control Administrator

365 Mass. 575 · Massachusetts Supreme Judicial Court · Jul 5, 1974

This result would be in conflict with what is clearly a central purpose of the act. … Clearly the administrator could not validly permit evictions in these circumstances, as the trial judge ruled.

Woodward v. Commissioner of Social Security

435 Mass. 536 · Massachusetts Supreme Judicial Court · Jan 2, 2002

A United States administrative law judge, hearing the wife’s claims de novo, concluded, among other things, that the children did not qualify for benefits because they “are not entitled to inherit from [the husband] under … Rev. 901 , 951 (1997). 22 The prospective donor parent must clearly and unequivocally consent not only to posthumous reproduction but also to the support of any resulting child. Cf.

Commonwealth v. Millyan

399 Mass. 171 · Massachusetts Supreme Judicial Court · Feb 10, 1987

Majesky, while qualified as a firearms identification expert, admitted he *181 was not qualified as a ballistician. … Millyan’s manslaughter theory was clearly rejected at trial by the jury. We do not sit as a second jury.

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

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. Blanding

20 Mass. 304 · Massachusetts Supreme Judicial Court · Oct 15, 1825

And thus the general declaration in the 16th article is qualified. … Clap was the first, since the adoption of the constitution, which called for a discussion of these principles, and in that case it is very clearly and distinctly settled, that if the truth only is told of public elective

Rotkiewicz v. Sadowsky

431 Mass. 748 · Massachusetts Supreme Judicial Court · Jun 20, 2000

A party objecting to the inclusion or exclusion of an instruction must, however, clearly bring the objection and the grounds for it to the attention of the judge. See id. … We have not had the opportunity to rule on the question whether a patrol-level police officer qualifies as a public official. See Fleming v.

Wilson v. Commissioner of Transitional Assistance

441 Mass. 846 · Massachusetts Supreme Judicial Court · Jun 2, 2004

To qualify for EA, an individual’s monthly income must be less than $303.70. 106 Code Mass. Regs. §§ 321.260, 321.420, and 321.500 (2003). … We are certain that the Legislature did not contemplate such an approach, which runs contrary to established principles of appropriation and expenditure.