Case law

Kopycinski v. Aserkoff

410 Mass. 410 · Massachusetts Supreme Judicial Court · Jun 18, 1991

In short, the opinion weakens the very safeguards that have established the fairness and efficiency of the procedure. … The revised law clearly assigned to the judge the sole responsibility for determining all questions of law.

Commonwealth v. Cast

407 Mass. 891 · Massachusetts Supreme Judicial Court · Jul 11, 1990

The judge’s findings clearly establish that the law enforcement officers possessed enough information about the informant’s basis of knowledge to satisfy this prong of the art. 14 probable cause requirement. … To qualify as exigent circumstances, the situation facing the officers at the time they commenced their warrantless search must be such that it was impracticable for them to get a warrant. Commonwealth v.

Town of Canton v. Commissioner of Massachusetts Highway Department

455 Mass. 783 · Massachusetts Supreme Judicial Court · Jan 19, 2010

“General Laws c. 30, § 61, establishes the official policy of environmental protection for the Commonwealth, and §§ 62-62H establish the process by which the ‘potential environmental impact of certain projects’ is considered … L. c. 214, § 10A, city’s standing “expressly established”). See also Cummings v. Secretary of Envtl. Affairs, supra at 614 (stating that repealed G.

Commonwealth v. Daye

393 Mass. 55 · Massachusetts Supreme Judicial Court · Sep 24, 1984

L. c. 233, § 20 (Legislature requires testimony of immunized witnesses be corroborated). … To qualify as inconsistent, “[i]t is not necessary that the prior statement contradict in plain terms the testimony of the witness.” Commonwealth v. Simmonds, 386 Mass. 234, 242 (1982).

Commonwealth v. Noxon

319 Mass. 495 · Massachusetts Supreme Judicial Court · May 10, 1946

Moritz was qualified as an expert in pathology, and the judge deferred his decision whether the witness was qualified as an expert on electrothermal burns until such time as the witness should be interrogated as to such subject … Later when he was so interrogated the judge found that he was qualified to respond. The testimony of Dr.

Care and Protection of M.C.

Massachusetts Supreme Judicial Court · Oct 28, 2019

He qualified this ruling by stating that "if Mother's mental health becomes an element of her defense, the parties may again move this Court to determine if good cause exists to release such documents." … The judge's decision indicates clearly that he considered and weighed the parties' reasons for their requests for relief from impoundment, along with the other Rule 7 factors, see M.C.

Tinsley v. Town of Framingham

Massachusetts Supreme Judicial Court · Sep 17, 2020

addressed supra, is barred. 23Because the second motion judge concluded that the holding in Heck barred all of Tinsley's then-remaining claims against the police officers, the judge did not consider the police officers' qualified … immunity claims.

Yee v. Massachusetts State Police

481 Mass. 290 · Massachusetts Supreme Judicial Court · Jan 29, 2019

Massachusetts Comm'n Against Discrimination, 400 Mass. 156, 162 (1987) ("Clearly, within the broad sweep of [terms, conditions, or privileges of employment] falls conduct which creates a sexually harassing work environment … has not been established rests with the defendant on summary judgment, even though it rests with the plaintiff at trial.

City Council v. City of Boston

386 Mass. 171 · Massachusetts Supreme Judicial Court · May 7, 1982

did) approve a “debit transfer” if the department receiving the services of a hosted entity “accepted the charges therefor as proper and relevant to his or her department or division and if the documentation therefor was clearly … This rule is qualified in two respects.

DiMarzo v. American Mutual Insurance

389 Mass. 85 · Massachusetts Supreme Judicial Court · May 4, 1983

Bay State Nat’l Bank, 384 Mass. 310 (1981), and we are unable to say that the conclusions of the judge were clearly erroneous. E. Damages. … We conclude that there was sufficient evidence to warrant the judge’s finding that the expert witnesses were qualified. 21 C. Business records.

Commonwealth v. Deane

458 Mass. 43 · Massachusetts Supreme Judicial Court · Sep 20, 2010

Mere presence is insufficient to establish joint venture liability. Id. … In his closing argument, the prosecutor stated, “[Tjhe shoe . . . which clearly are women’s shoes, you will have them in the jury room, have blood all over the front, blood that [the defendant] admits is Ravenell’s.”

Commonwealth v. Helfant

398 Mass. 214 · Massachusetts Supreme Judicial Court · Aug 13, 1986

L. c. 233, § 201, providing no defendant shall be convicted solely on the testimony of an immunized witness). … “It is well established that a witness may explain, modify, or correct damaging testimony that was elicited on cross-examination.” Commonwealth v. Mandeville, 386 Mass. 393, 400 (1982), and cases cited.

In re M.C.

481 Mass. 336 · Massachusetts Supreme Judicial Court · Feb 5, 2019

This clearly is not a case in which the "proceedings cannot be reconstructed sufficiently to present the [petitioner's] claims." … M.C. also argues that the four cassette tapes he received containing audio recordings of the hearing do not qualify as "a cassette copy of an original recording, or any portion thereof," of the hearing on the petition for

Marram v. Kobrick Offshore Fund, Ltd.

442 Mass. 43 · Massachusetts Supreme Judicial Court · Jun 10, 2004

The defendants assert that, as a matter of law, they are immune from the plaintiff’s claims because (1) Marram purchased shares in the offshore fund solely on the basis of written representations contained in documents, whose … Loss, Commentary on Uniform Securities Act draftsmen’s commentary to § 410 (g), at 151 (1976) (provisions prohibiting waiver “are clearly advisable in view of the frequent disparity of bargaining power and sophistication

Kain v. Department of Environmental Protection

474 Mass. 278 · Massachusetts Supreme Judicial Court · May 17, 2016

We conclude that although the RGGI program and amendments thereto are very important to the over-all regional scheme of reducing carbon dioxide emissions, they do not qualify as a regulation under § 3 (d). … Here, applying the literal interpretation of the definition of "regulations" would require us to ignore the over-all language and purpose of the statute, as well as the Legislature's clearly expressed intent.

Commonwealth v. Gautreaux

458 Mass. 741 · Massachusetts Supreme Judicial Court · Jan 20, 2011

General Laws c. 221C, § 2, provides that “[a] non-English speaker, throughout a legal proceeding, shall have a right to the assistance of a qualified interpreter who shall be appointed by the judge.” … Further, the docket sheet of the lead case disposed of at the plea hearing on August 27 clearly indicated that a Spanish interpreter was required.

Brady v. State Ballot Law Commission

Massachusetts Supreme Judicial Court · Aug 3, 2020

At least three candidates who used the application qualified to appear on the ballot. … In so doing, the court was not somehow authorizing the Secretary to establish "regulations" or impose additional restrictions on candidates.

Nashawena Trust v. Board of Assessors

398 Mass. 821 · Massachusetts Supreme Judicial Court · Dec 17, 1986

The structure of Section 4 implies that land designated as contiguous is land which would not otherwise qualify as actively devoted to agricultural uses, precisely because it produces little or no income. … purpose of achieving an annual total of not less than five hundred dollars from such gross sales and program payments within normal product development period as determined by the farmland valuation advisory commission established

Commonwealth v. Cohen

412 Mass. 375 · Massachusetts Supreme Judicial Court · Apr 7, 1992

We have often stated that defense counsel’s trial tactics are not immune from comment in a prosecutor’s closing argument provided the comment is based on evidence heard by the jury. Commonwealth v. … Moreover, these statements also qualified, characterized, and explained the underlying event. See id.

Taygeta Corp. v. Varian Associates, Inc.

436 Mass. 217 · Massachusetts Supreme Judicial Court · Mar 7, 2002

To establish its presence, consultants must drill monitoring wells, collect samples, and analyze the data. … Commonwealth, 363 Mass. 612, 619 (1973) (Commonwealth not immune from liability where it creates Or maintains private nuisance that causes injury to real property of another).