Case law

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.

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.

Linkage Corp. v. Trustees of Boston University

425 Mass. 1 · Massachusetts Supreme Judicial Court · May 15, 1997

Although by definition, a qualified nonprofit corporation does not earn a “profit” from its activities, such a corporation need not be profitmaking in order to profit from an activity. 35 While Boston University’s status … Linkage’s ability to “add value” to the enterprise was clearly a determining factor in Silber’s decision *26 to terminate the base agreement and repudiate the renewal agreement.

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).

Massachusetts Coalition for the Homeless v. Secretary of Human Services

400 Mass. 806 · Massachusetts Supreme Judicial Court · Aug 18, 1987

That language does not include all appropriations, and it does *817 not clearly include obligations to pay AFDC benefits. … The provisions concerning AFDC standards did “direct the way an appropriation is to be used or qualify the appropriation” (id.) and thus would not be “separable and susceptible to an item veto” (id.).

Helfman v. Northeastern University

Massachusetts Supreme Judicial Court · Jul 27, 2020

Whatever duty the RAs may have owed to protect the plaintiff in these circumstances was clearly met.  32 As the plaintiff cannot establish any breach … '[T]he recipient must merely respond to known peer harassment in a manner that is not clearly unreasonable'").

Thurdin v. SEI Boston, LLC

452 Mass. 436 · Massachusetts Supreme Judicial Court · Oct 24, 2008

The result the court reaches in this case is mandated by well-established principles of statutory construction. … The exclusion clearly does not itself “provide” authorization for or “permit” such employers to discriminate against their employees on the basis of sex or any other category listed in § 102 (a).

Commonwealth v. Roby

462 Mass. 398 · Massachusetts Supreme Judicial Court · Jun 4, 2012

He asserts that, because this evidence did not allege a sexual assault, it did not qualify as a complaint but amounted to the improper admission of bad act evidence. … The record clearly reflects the concerns of the judge, who was confronted with a novel situation. 14The jury were permitted to take notes at the trial.

Commonwealth v. Oberle

476 Mass. 539 · Massachusetts Supreme Judicial Court · Feb 28, 2017

But even if we were to assume that the proffered explanation that juror no. 15's experience as a mandated reporter of child abuse qualified as an individualized, group-neutral, and adequate explanation for the challenge … Although the judge clearly should have addressed the adequacy of the defendant's proffered reasons for challenging juror no. 15, we conclude that the judge did not abuse his discretion in finding a lack of genuineness.4

Boston Gas Co. v. Assessors of Boston

334 Mass. 549 · Massachusetts Supreme Judicial Court · Sep 24, 1956

for which it was established. … That a person qualifies as an expert does not endow his testimony with magic qualities.

Commonwealth v. Lewin

405 Mass. 566 · Massachusetts Supreme Judicial Court · Aug 14, 1989

We now explain why that finding is clearly erroneous on the record in this case. … We do say, however, that on this record a finding that John does exist was clearly erroneous.

Watuppa Reservoir Co. v. City of Fall River

1 L.R.A. 466 · Massachusetts Supreme Judicial Court · Oct 29, 1888

The which clearly to determine, it is declared that in all creeks, coves, and other places about and upon salt water, where the sea ebbs and flows, the proprietor, or the land adjoining, shall have propriety to the low water … grant exclude such reservation ; so that the grant from the State of land upon a stream flowing from a great pond did not convey an unqualified fee with the right to enjoy the usual and natural flow of the stream, but a qualified

Cohen v. Attorney General

357 Mass. 564 · Massachusetts Supreme Judicial Court · Jun 5, 1970

Certain great powers are conferred and some limitations as to their exercise are established. The original Constitution and all its Amendments together form one instrument. … The record indicates clearly what the delegates to the convention meant and intended to accomplish by the amendment which they submitted to the people for ratification and adoption.

Commonwealth v. Colon

408 Mass. 419 · Massachusetts Supreme Judicial Court · Aug 23, 1990

Thus, we conclude that Matos was sufficiently qualified as an interpreter, and that there was no substantial likelihood of a miscarriage of justice. … On oral examination, he clearly stated that he did not even know defense counsel.

Burke v. Rivo

406 Mass. 764 · Massachusetts Supreme Judicial Court · Mar 1, 1990

The principal issue is whether the plaintiffs are entitled, if they establish liability, to the cost of raising their child. … Clearly, there may be numerous other motivations for submitting to sterilization procedures. It is unclear whether cases brought by such parents come within the rule of damages announced in this decision.

Merriam v. Secretary of the Commonwealth

375 Mass. 246 · Massachusetts Supreme Judicial Court · May 16, 1978

to and exercised with great caution and deliberation, and it is always to be presumed that a coordinate branch of the government has acted within the limits of its constitutional authority, until the contrary shall clearly … Since each plaintiff is a registered voter of the town, the complaint qualifies as "the petition of any voter of the Commonwealth," within the meaning of those words as used in art. 101, § 3.

Opinion of the Justices to the Senate & House of Representatives

126 Mass. 557 · Massachusetts Supreme Judicial Court · Feb 22, 1781

law, custom or privilege of Parliament. 7 But it is to be observed, that, in that passage in which he is particularly treating of their duties when summoned to act as assistants to the House of Lords in matters of law, he qualifies … But that the House have a right of making certain things necessary to qualify a Province Treasurer, and that the Board are held to agree to all or none of such qualifications, without the liberty of making any amendment to

Landry v. Attorney General

429 Mass. 336 · Massachusetts Supreme Judicial Court · Apr 13, 1999

Eight drops of blood are collected by a qualified person following a finger prick with a lancet provided in a special testing kit. See 515 Code Mass. Regs. § 1.04(3)(g), (j), (k). … The balance of interests clearly weighs in favor of the use of DNA in accordance with the Act to create a record, of identification. We need not discuss the judge’s other reasoning 11 or the “special needs” analysis.

Dolan v. Commonwealth

304 Mass. 325 · Massachusetts Supreme Judicial Court · Nov 28, 1939

Whatever may have been the common law it is established that under existing statutes (see G. L. [Ter. … At any rate it clearly is without merit. The facts found constitute contempt. Hurley v. Commonwealth, 188 Mass. 443 . Opinion of the Justices, 301 Mass. 615, 618 .

Boston Firefighters Union, Local 718, International Association of Fire Fighters, AFL-CIO v. City of Boston

Massachusetts Supreme Judicial Court · Mar 30, 2023

Vaccination against COVID-19, however, has served as an important tool in achieving higher levels of immunity among the population as the pandemic continues, see id., because individuals who are vaccinated … relief does not promote the public interest, the single justice abused her discretion in issuing the preliminary injunction because the potential harm to the city and the public resulting from the spread of COVID-19 clearly