Case law

Parker v. May

59 Allen 336 · Massachusetts Supreme Judicial Court · Mar 15, 1850

Now, as neither of these statutes designates what constitutes a church, or who are the deacons of a church, or how they are to be chosen and qualified to take and hold estate in succession; all these inquiries are necessarily … Pierpont was made without such consent, as alleged in the bill, it is clearly not a case which authorizes the intervention of the public prosecutor; and no decision of that question, in this suit, would be binding on the

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. Long

419 Mass. 798 · Massachusetts Supreme Judicial Court · Mar 30, 1995

The equal protection clause of the Fourteenth Amendment “prohibits a prosecutor from using the State’s peremptory challenges to exclude otherwise qualified and unbiased persons from the petit jury solely by reason of their … Juror X clearly could answer a question unequivocally if he so desired.

Commonwealth v. Webster

59 Allen 295 · Massachusetts Supreme Judicial Court · Mar 15, 1850

His experience qualifies him to say this. Papers have passed under his notice, in a business or official capacity, which have given him a long and familiar acquaintance with the defendant’s handwriting. … But, if such or any similar new modes of occasioning death may have been adopted, they are clearly within the law.

In re Bailey

439 Mass. 134 · Massachusetts Supreme Judicial Court · Apr 11, 2003

In that letter, Bailey attempted to convince Judge Paul that the lawyers seeking to represent Duboc were not qualified to represent him; that they were giving Duboc *142 bad advice contrary to the strategy formulated and … Bailey, apparently unaware of *152 Judge Paul’s practice at the time, clearly intended that Judge Paul read the letters. That discipline, a public censure, was imposed more than thirty years ago.

Segal v. Genitrix, LLC

Massachusetts Supreme Judicial Court · Dec 28, 2017

The company, Genitrix, was established as a Delaware limited liability company (LLC) headquartered in Boston. … Instead, jurors were instructed that "a person qualifies as an agent having the management of such corporation if he . . .

Corning Glass Works v. Ann & Hope, Inc. of Danvers

363 Mass. 409 · Massachusetts Supreme Judicial Court · Apr 2, 1973

But that general public policy has been established by legislation rather than by our Constitution, and the Legislature may limit its scope. … The various opinions that deny that any delegation to private parties is involved in the non-signer provisions seem clearly unsound.

Connor v. Benedict

481 Mass. 567 · Massachusetts Supreme Judicial Court · Mar 7, 2019

Kareores, 474 Mass. 528, 535 (2016). 9 "The legislative history clearly shows that the broad discretion judges historically have had in making awards of alimony was not affected by the Alimony Reform Act of 2011 … The husband relies on Rule 411(a) of the Supplemental Rules of the Probate and Family Court, Massachusetts Rules of Court, at 815-816 (LexisNexis 2018), which establishes an "automatic restraining order" on both parties

Commonwealth v. McGee

467 Mass. 141 · Massachusetts Supreme Judicial Court · Feb 12, 2014

Pytou Heang , 458 Mass, at 848 (“a qualified ballistics expert may . . . offer an opinion based on the class or subclass characteristics that narrow the scope of possible firearms or eliminate a class of possible firearms … This principle holds especially true where, as here, forensic evidence establishes that the weapon *158 could not have been used to commit the crime. See Commonwealth v. Barbosa, supra at 123 .

Commonwealth v. Leaster

395 Mass. 96 · Massachusetts Supreme Judicial Court · Jun 6, 1985

Absent an abuse of discretion, we will not disturb a trial judge’s ruling allowing or denying a new trial motion based on newly discovered evidence, even though the cold record may not clearly demonstrate the correctness … We hold that, even were Leaster to establish those facts, evidence of the out-of-court identification would be admissible. In a long line of cases, beginning with Commonwealth v.

Commonwealth v. DelValle

443 Mass. 782 · Massachusetts Supreme Judicial Court · Apr 1, 2005

In light of this admission, any testimony regarding the probability of a random DNA match among various racial groups was clearly superfluous. … The Commonwealth’s evidence established that the defendant brutally stomped and strangled Maude Hinds to death.

Trio Algarvio, Inc. v. Commissioner of the Department of Environmental Protection

440 Mass. 94 · Massachusetts Supreme Judicial Court · Sep 9, 2003

However, this ownership was qualified and “always had strings attached.” Id. at 637 . … The 1866 establishment of a licensing scheme and the 1874 enactment of occupation fees represented a significant break *106 from past practice.

Trustees of Tufts College v. City of Medford

415 Mass. 753 · Massachusetts Supreme Judicial Court · Jul 9, 1993

appreciably advancing the municipality’s legitimate concerns. 7 Excessive cost of compliance with a requirement imposed on an educational institution, without sig *760 nificant gain in terms of municipal concerns, might also qualify … This is clearly distinguishable from a situation in which compliance does not encroach to any appreciable extent on an educational institution’s right to set its own priorities for the use of its land.

Newspapers of New England, Inc. v. Clerk-Magistrate of Ware Division of District Court Department

403 Mass. 628 · Massachusetts Supreme Judicial Court · Dec 22, 1988

The plaintiff commenced the action according to the procedures established in Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 551 (1977). In Ottaway Newspapers, Inc. v. … Since there has been a public trial which resulted in the conviction of Phoenix and since the plaintiff does not now seek, nor Phoenix oppose, the disclosure of the affidavit the case is clearly moot.

Commonwealth v. Smith

412 Mass. 823 · Massachusetts Supreme Judicial Court · Jun 10, 1992

[I]t is different from the post-Miranda statement and does not qualify as a so-called cat-out-of-the-bag statement.” 9 *834 We regard the judge’s finding that the defendant’s first statement was not inculpatory as clearly … The inculpatory quality of the defendant’s statement was established conclusively by other evidence already known to the police — the defendant may have believed, mistakenly, that his statement was exculpatory.

Commonwealth v. Favulli

352 Mass. 95 · Massachusetts Supreme Judicial Court · Mar 1, 1967

After establishing an interim procedure for handling warrants the meeting adjourned at 1:10 p.m. On April 7, 1960, Nicholas J. … The judge expressly referred to the testimony of Sullivan and Favulli as qualifying what Mr. O’Connell had testified to and instructed them to weigh that testimony.

Brangan v. Commonwealth

477 Mass. 691 · Massachusetts Supreme Judicial Court · Aug 25, 2017

Nor does it establish, without more, that [he] is entitled to the extraordinary relief available under G. L. c. 211, § 3." We disagree. … Supreme Court has observed that "an interlocutory appeal by the Government ordinarily is a valid reason that justifies delay," but "a delay resulting from an appeal would weigh heavily against the Government if the issue were clearly

Commonwealth v. Hunt

392 Mass. 28 · Massachusetts Supreme Judicial Court · May 21, 1984

The judge concluded that the defendant was not in custody at any time during the January 16 or January 18 interrogations, and that, even if the separate interrogation of the defendant on January 18 qualified as custodial, … Gladden, supra-, we can think of no reason why a different result should be reached when the evidence is that the juror made statements that clearly establish such exposure. See Commonwealth v. Fidler, supra at 200 .

Boston Hat Manufactory v. Messinger

19 Mass. 223 · Massachusetts Supreme Judicial Court · Mar 15, 1824

Here, although by the express words of the condition the obligors were to be answerable for the fidelity of the officer during all the time he should continue in office, the recital' was used to qualify and restrain these … This shows very clearly, that all concerned considered the former relations of H.

Commissioner of Insurance v. Massachusetts Accident Co.

314 Mass. 558 · Massachusetts Supreme Judicial Court · Sep 15, 1943

Some of these claims have since been or may be established through proper proceedings, among them being a claim of Susan L. … Clearly the purpose of all the actors in relation to the agreement and the theory of the law under which they acted was to offer the agreement as a probably preferable alternative to ordinary liquidation to such policyholders