Case law

In the Matter of McKnight

406 Mass. 787 · Massachusetts Supreme Judicial Court · Mar 6, 1990

The court, citing the well-established rule that a judge cannot order a public agency to act in a particular manner unless there is but one avenue through which that agency can fulfil its legal obligations, concludes that … The court fails to show that these findings were clearly erroneous.

Cambridge Street Realty, LLC v. Stewart

481 Mass. 121 · Massachusetts Supreme Judicial Court · Dec 20, 2018

Due to her low income, the tenant qualified to receive a Section 8 voucher administered by the Boston Housing Authority (BHA).3 The tenant and the landlord entered into a 3 "In the United States Department of … As discussed, a summary process eviction action is clearly a question at the core of the Housing Court statute and the relief that the court provides.

Commonwealth v. Mahnke

368 Mass. 662 · Massachusetts Supreme Judicial Court · Oct 7, 1975

As to the second statement, the court said of it that it was “clearly the result and the fruit of the first.” Id. at 605 . … It is all too easy, reading this record in retrospect, with control of one’s faculties and with time and capacity to think clearly, to point out one or another moment when the defendant might have escaped.

Commonwealth v. Silva

471 Mass. 610 · Massachusetts Supreme Judicial Court · Jun 11, 2015

As the Commonwealth points out, the opening statement of the prosecutor clearly reflected the Commonwealth's position that the defendant and Pimental acted together in committing the murder, as did the defendant's own … circumstances of the killing and injuries sustained by the victim are not consistent with anything other than intent to do grievous bodily harm or an  22 intent qualifying

Commonwealth v. Amirault

415 Mass. 112 · Massachusetts Supreme Judicial Court · May 4, 1993

I adhere to the view that our Legislature did not intend the 1979 "housekeeping" changes to § 28E to alter the long-established practice of allowing the Commonwealth to appeal from pretrial motions only. … Clearly, the Legislature did not intend any such result.

Garney v. Massachusetts Teachers' Retirement System

469 Mass. 384 · Massachusetts Supreme Judicial Court · Aug 18, 2014

Ct. at 119 n.5 ("not every off-duty illegal act qualifies" for forfeiture). See also Gaffney, 423 Mass. at 3 & n.3 (language of G. … If the Legislature desires a different result, it must state so clearly in amended legislation. See Retirement Bd. of Somerville v.

In re Finneran

455 Mass. 722 · Massachusetts Supreme Judicial Court · Jan 11, 2010

Although the respondent was subsequently dismissed as a defendant, 4 the plaintiffs sought to establish that he played a key role in developing the 2001 Redistricting Act and contributed to the redrawing of the boundaries … But these considerations, while clearly relevant to the question of criminal sentencing, do not generally qualify as the types of special mitigating circumstances, Matter of Driscoll, 447 Mass. at 688, that we have pointed

Gibson v. Soper

72 Mass. 279 · Massachusetts Supreme Judicial Court · Sep 15, 1856

This ruling was, we think, clearly right. The tenant produces and relies upon his deed. The demandant says, that deed is voidable in law, that is, it may be avoided unless it has been ratified or affirmed. … Nothing is more unsafe than to rely upon such remarks, taken from the connection and context by which their meaning is limited and qualified.

Allmerica Financial Corp. v. Certain Underwriters at Lloyd's

449 Mass. 621 · Massachusetts Supreme Judicial Court · Aug 6, 2007

The underwriters’ statement about making a payment is clearly subject to two conditions: its conclusion that the loss is covered, and Columbia Casualty’s payment of its policy limit. … Co., 840 F.2d 181, 182-183 (3d Cir. 1988) (Keystone Shipping), was qualified by a good-faith limitation.

Commonwealth v. Garner

423 Mass. 735 · Massachusetts Supreme Judicial Court · Nov 8, 1996

The Court characterized as “frivolous,” id. at 247 , Dalia’s contention that the Fourth Amendment prohibits all covert entries onto private property, and noted that “[i]t is well established that law officers constitutionally … This unnuanced judgment was later qualified by the Supreme Court in Wilson v.

Bank v. Thermo Elemental Inc.

451 Mass. 638 · Massachusetts Supreme Judicial Court · Jun 16, 2008

The judge instructed the jury that “[sjervices provided by a lawyer in connection with an environmental case may or may not qualify as response costs. … The parties do not dispute that TCE qualifies as a “[hjazardous material” as defined in G. L. c. 21E, § 2.

Commonwealth v. Amirault

404 Mass. 221 · Massachusetts Supreme Judicial Court · Mar 6, 1989

[Schuman] is not qualified to deal with children;... he does not have any expertise in sexual abuse. ” A prosecutor may argue the evidence and reasonable inferenees which might be drawn from that evidence. … The additional information merely establishes facts pertaining to the sexual assault, and does not establish that the juror deliberately concealed information from the court or the parties, or that she was biased.

Purity Supreme, Inc. v. Attorney General

380 Mass. 762 · Massachusetts Supreme Judicial Court · Jun 3, 1980

Johnson Wholesale Perfume Co., 304 Mass. 452, 456-457 (1939) (regulation adding requirement that wholesaler sign guaranty to retailer that product not adulterated or misbranded, when unsigned guaranty by statute provides immunity … The decrees required item pricing of goods which are advertised but allowed the advertised price to be “clearly and conspicuously posted at the point of display” in the case of “stores equipped with devices which ‘read’ an

Doe v. Acton-Boxborough Regional School District

468 Mass. 64 · Massachusetts Supreme Judicial Court · May 9, 2014

Schempp, 374 U.S. 203, 213 (1963) (“The fact that the Founding Fathers believed devotedly that there was a God and that the unalienable rights of man were rooted in Him is clearly evidenced in their writings, from the Mayflower … Connector Auth., 461 Mass. 232, 233 (2012) (claiming that qualified aliens were denied State subsidies for purchase of health insurance); Elroy E. v.

Commonwealth v. Stirlacci

Massachusetts Supreme Judicial Court · Jan 8, 2020

The statute clearly refers to practitioners, and we see no reason to expand its reach. But see United States v. … our view, a prescription is "false" when it lacks genuine authorization, such as when a person issues a prescription with fake credentials, or "borrows" 23This is not to say that nonpractitioners are altogether immune

Commonwealth v. Sacco

255 Mass. 369 · Massachusetts Supreme Judicial Court · May 12, 1926

The question was leading, therefore its admission was discretionary and clearly so at the stage of the trial when it was put. McLean v. Paine, 181 Mass. 287, 289 . No abuse of discretion is shown. 23. … Van Amburgh, who qualified as experts on the construction as well as the practical use of firearms, bullets, and different styles of cartridges.

Commonwealth v. Tran

460 Mass. 535 · Massachusetts Supreme Judicial Court · Sep 14, 2011

Clearly, the two records are created “for the administration of an entity’s affairs” and were not created in anticipation of use at trial. Melendez-Diaz v. Massachusetts, supra at 2539 . See Michigan v. Bryant, 131 S. … By ruling as we do, we in no way indorse a practice of tolling the six-hour window established in Commonwealth v.

Commonwealth v. Cook

419 Mass. 192 · Massachusetts Supreme Judicial Court · Dec 20, 1994

It is well established that the undisclosed intentions of law enforcement officers, in and of themselves, are not controlling in determining whether an individual has been arrested. Florida v. … He only remembered the letter “E” clearly.

Millis Public Schools v. M.P.

478 Mass. 767 · Massachusetts Supreme Judicial Court · Feb 6, 2018

agency, or other authorized or qualified private organization, subject to conditions and limitations; or (3) place the child in the custody of the Department of Children and Families. … They are not the dependent children who are clearly entitled to the full protection of the [J]uvenile [C]ourt.

Alpert v. Commonwealth

357 Mass. 306 · Massachusetts Supreme Judicial Court · Apr 27, 1970

“established was an inaccurate and unfair base fine because the unstable soils beneath it allowed a seepage of the gravel down through it.” … The situations, however, are clearly different.