Case law

Opinion of the Justices to the Senate

372 Mass. 883 · Massachusetts Supreme Judicial Court · May 31, 1977

rendered less important the former claim that “it is important that [the defendant] should have a jury ... of his neighbours, who know him and who know the witnesses, and whose means of information and habits of thinking qualify … Reorganization of an existing system or department of government does not necessarily require abolition of prevailing offices; in fact, generally that is an unusual procedure, and the intent to wipe out the old structure must be clearly

Attorney General v. Tufts

239 Mass. 458 · Massachusetts Supreme Judicial Court · Oct 1, 1921

held such office, having been again elected on November 4, 1919, and again qualified on January 7,1920. … Scribner, 109 Mass. 487 ); that he felt that it was his duty to rely and insist upon, and did rely and insist upon, “ any right, privilege, and Immunity arising out of the creation and establishment by the Constitution of

Commonwealth v. Fulgiam

477 Mass. 20 · Massachusetts Supreme Judicial Court · May 5, 2017

The Court clarified, ‘“[b]usiness and public records are generally admissible absent confrontation not because they qualify under an exception to the hearsay rules, but because — having been created for the administration … Fingerprint analysts testifying as expert witnesses must clearly frame their findings in the form of an opinion to avoid improper testimony. See Mass. G. Evid. § 702 & note (2017).

Commonwealth v. Cruz

430 Mass. 182 · Massachusetts Supreme Judicial Court · Aug 19, 1999

As to the latter, “[o]f course where the neutral object is in fact used to inflict serious injury, it would clearly be a dangerous weapon.” Commonwealth v. … The judge instructed that jury that “[i]t is for you to determine, based on all the facts and circumstances, whether the duct tape, in this instance, qualifies as a dangerous weapon.”

Adoption of Paula

420 Mass. 716 · Massachusetts Supreme Judicial Court · Jun 30, 1995

L. c. 210, § 3, and to information from sources whose reliability is established or may be tested by cross-examination, in fact poses less of a threat to a parent’s interests than does the admission of the care and protection … While a decision of unfitness must be supported by clear and convincing evidence, id., a judge’s findings will be disturbed only if they are clearly erroneous. Adoption of Mary, supra.

Commonwealth v. Canty

466 Mass. 535 · Massachusetts Supreme Judicial Court · Nov 6, 2013

Here, where the caption identified the criminal statute that was violated, and where other indictments more clearly charged the second and third category of crimes in violation of § 23, it reasonably could be inferred that … The indictment charges that the defendant “did operate a motor vehicle on a way, . . . and at such time his license has been suspended or revoked pursuant to provisions of a qualifying section of [G. L. c.] 90, § 24.”

Commonwealth v. Manning

367 Mass. 605 · Massachusetts Supreme Judicial Court · May 2, 1975

The "established law" on which the court's opinion rests is part of a legal tradition, established by men, that the *614 complaining woman in a rape case is fair game for character assassination in open court. … There are cases in which the situation is clearly aggravated by extrinsic *617 violence, but the jury is still lenient to the defendant." Kalven & Zeisel, The American Jury, 249-251 (1966).

Berish v. Bornstein

437 Mass. 252 · Massachusetts Supreme Judicial Court · Jun 28, 2002

We accept the master’s subsidiary findings of fact unless they are clearly erroneous. Mass. R. Civ. P. 53 (h) (1), appearing in 386 Mass. 1237 (1982). Pollock v. … Expert testimony is not necessary to establish the fair value of services that a person has rendered. See Mason v.

Island Properties, Inc. v. Martha's Vineyard Commission

372 Mass. 216 · Massachusetts Supreme Judicial Court · Mar 23, 1977

Such a district must qualify in any case as possessing unique resources (natural, historical, ecological, scientific, or cultural) of regional or Statewide significance; or as having marginal soil or topographic conditions … A detailed ground water monitoring program is established.

Campana v. Board of Directors of Massachusetts Housing Finance Agency

399 Mass. 492 · Massachusetts Supreme Judicial Court · Mar 23, 1987

The judge’s findings are not clearly erroneous and are amply supported by the record. See Freyermuth v. Lutfy, 376 Mass. 612, 615 (1978). See also Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974). … A member must meet the requirements as to length of service and age to qualify under this section. See Appendix. The parties have stipulated that the plaintiff does meet these requirements.

Diatchenko v. District Attorney for the Suffolk District

466 Mass. 655 · Massachusetts Supreme Judicial Court · Dec 24, 2013

Our desire for a clearly defined standard for assessing the retroactivity of a particular rule, coupled with “our concern that the finality of convictions not be unduly disturbed,” Sylvain, supra at 433, led to our adoption … Sylvain, ante 422, 432-434 (2013) (Sylvain), we declined to adopt the Supreme Court’s jurisprudential expansion of what qualifies as a “new” rule, articulated in decisions issued after Teague v.

First National Bank of Boston v. Attorney General

362 Mass. 570 · Massachusetts Supreme Judicial Court · Nov 9, 1972

An analysis of the Legislature's intent in passing this amendment clearly indicates that such a construction is unreasonable. … A corporation, we have held, is not a `citizen' within the meaning of the privileges and immunities clause. Paul v. Virginia, 8 Wall. 168 .

Haverty v. Commissioner of Correction

437 Mass. 737 · Massachusetts Supreme Judicial Court · Oct 10, 2002

Commissioner of Correction, 390 Mass. 425, 429-430 (1983) (prison administrators “may not abuse their discretion ... by using awaiting action status as a means to accomplish an unlimited punishment immune to the procedures … It is undisputed that prisoners housed in the East Wing are neither given a release date from segregated confinement, nor are they told what behavior will qualify them for placement in the West Wing, or what behavioral modifications

In the Matter of Hiss

368 Mass. 447 · Massachusetts Supreme Judicial Court · Aug 5, 1975

The position of the Bar Counsel presupposes that certain disbarred attorneys, guilty of particularly heinous offenses against the judicial system, are incapable of meaningful reform which would qualify them to be attorneys … The board wrote: “When the disbarment is wholly based upon the conviction of the petitioner of an offense which is clearly a ‘serious crime’ (perjury), which conviction has not been reversed, and the petitioner has not been

Commonwealth v. Clark

432 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 29, 2000

A finding that a juror is impartial will not be overturned on appeal unless the defendant makes a clear showing of abuse of discretion or that the finding was clearly erroneous.” Commonwealth v. … Spiers was qualified as a special police officer in connection with his employment.

Somes v. Skinner

20 Mass. 51 · Massachusetts Supreme Judicial Court · Mar 15, 1825

We have labored much to come to the conclusion contended for by the demandant’s counsel, as the equity of the case is clearly on that side, so far as we can judge from the conveyances, but we find ourselves met at every step … It would be but a feeble title which would not enable the holder to defend his possession against trespassers, or those who should attempt to disseise him after his title is established.

Knapp Shoes, Inc. v. Sylvania Shoe Manufacturing Corp.

418 Mass. 737 · Massachusetts Supreme Judicial Court · Oct 13, 1994

The fact that there are no parallel provisions in Federal law would not establish repugnancy or contradiction. … The major issue related to G.L.c. 93A in the Linthicum case was whether the plaintiff qualified as a "consumer" as that term is defined in G.L.c. 93A, § 9. See Linthicum v. Archambault, 379 Mass. 381, 385 (1979).

Commonwealth v. Weichell

390 Mass. 62 · Massachusetts Supreme Judicial Court · Sep 2, 1983

The defendant also sought to establish a defense of alibi. Three witnesses testified on his behalf. One witness’s testimony placed the defendant in downtown Boston until midnight. … Expertise in the area of photography does not qualify a witness to testify on the subject of human perception. Cf. Commonwealth v. Seit, 373 Mass. 83, 91-92 (1977). See P.J.

Psy-Ed Corporation v. KLEIN HIRSCH

459 Mass. 697 · Massachusetts Supreme Judicial Court · May 12, 2011

He correctly pointed out that, while a causal connection must be established between protected conduct and adverse action, that connection may be shown either directly or by inference. … The purpose articulated by Schive qualifies as an effort to obtain a collateral advantage.

Commonwealth v. Cotto

471 Mass. 97 · Massachusetts Supreme Judicial Court · Apr 8, 2015

Therefore, the judge continued, the evidence of Farak's misconduct, in particular, and the administrative problems at the Amherst drug lab, in general, qualified as "newly discovered." … Subpoena to establish scope and timing of Farak's misconduct.