Case law

Commonwealth v. McCoy

456 Mass. 838 · Massachusetts Supreme Judicial Court · May 20, 2010

rests in the sound discretion of the trial judge, and a determination by the judge that a jury are impartial will not be overturned on appeal in the absence of a clear showing of abuse of discretion or that the finding was clearly … Next, Juror B indicated that the defendant looked familiar, and she may have seen him at a check cashing establishment where she was employed.

Commonwealth v. Mattis

Massachusetts Supreme Judicial Court · Jan 11, 2024

He has been qualified as an expert in developmental psychology approximately thirty times. … In Diatchenko I, we did not venture to determine who qualified as a juvenile or look to science to draw the line between childhood and adulthood; instead, we relied on the prefixed line established by society and the

Garcia v. Steele

Massachusetts Supreme Judicial Court · Jun 27, 2023

They rely on § 85A, which establishes a presumption that evidence that the vehicle was registered in the name of the defendant as owner at the time of an accident involving the vehicle "shall be prima facie evidence that … To qualify for the protection of the Graves Amendment, MBF Auto must be in "the trade or business of renting or leasing motor 10The plaintiffs, citing Zizersky v.

Deal v. Massachusetts Parole Board

Massachusetts Supreme Judicial Court · Apr 6, 2020

Although the board did not explicitly state the connection, these facts clearly relate to Deal's "vulnerability to negative influences and outside pressures, including from [his] family and peers" and his "limited control … And although we did not reach the question, we recognized that due process might forbid "denial of parole solely because a prisoner, who was otherwise fully qualified for release on parole, did not acknowledge his guilt

Corsetti v. Stone Co.

396 Mass. 1 · Massachusetts Supreme Judicial Court · Sep 19, 1985

There was no evidence to establish when the broken side bracket was manufactured. … Driscoll clearly establish the existence of a malingerer exception as matter of law. Moreover, I would be wary of establishing such an exception.

Commonwealth v. Figueroa

468 Mass. 204 · Massachusetts Supreme Judicial Court · May 19, 2014

After an evidentiary hearing, the motion judge made the following findings of fact, which were not clearly erroneous. … Therefore, we have rejected “the taking of a verdict on anything less than the entirety of a single complaint or indictment, as that would not qualify as the ‘general verdict’ required by rule 27 (a).” Id.

Brookline v. COMM. OF THE DEPT. OF ENVTL QUALITY ENG'G

387 Mass. 372 · Massachusetts Supreme Judicial Court · Sep 3, 1982

We leave it to the DEQE to make this determination, especially as it is so clearly within the ambit of its expertise. See School Comm. of Boston v. Board of Educ., 363 Mass. 125, 128 (1973); G.L.c. 30A, § 14. … In such circumstances, the DEQE is qualified to determine its own methods of enforcement. 5. Tentative decision.

Adams v. Adams

459 Mass. 361 · Massachusetts Supreme Judicial Court · Apr 14, 2011

By contrast, an interest in an established partnership, though subject to degrees of uncertainty and the contingency of future performance, has more than theoretical value. … In addition, the judge’s findings clearly stated the rationale for the equal property division.

King v. Globe Newspaper Co.

400 Mass. 705 · Massachusetts Supreme Judicial Court · Aug 17, 1987

These are factors that we have previously recognized as tending to establish a statement as one of fact rather than of opinion for First Amendment purposes. See Aldoupolis v. … "Clearly, I could have made the $500 million property tax rollback if Ron had only performed up to par. And talk about patronage!

Commonwealth v. Privette

Massachusetts Supreme Judicial Court · Mar 28, 2023

Fitzgerald, 457 U.S. 800, 816-817 (1982) (in discussing qualified immunity, "[j]udicial  11 inquiry into subjective motivation therefore may entail broad … Janis, 428 U.S. 433, 454 (1976) (where "exclusionary rule does not result in appreciable deterrence, then, clearly, its use . . . is unwarranted").

Town of Brookline v. Commissioner of the Department of Environmental Quality Engineering

387 Mass. 372 · Massachusetts Supreme Judicial Court · Sep 3, 1982

In such circumstances, the DEQE is qualified to determine its own methods of enforcement. 5. Tentative decision. … FTC, 654 F.2d 599 (9th Cir. 1981), in which the court held that an agency seeking to establish rules of widespread application must proceed by rulemaking rather than adjudication.

Commonwealth v. Elana Gordon

Massachusetts Supreme Judicial Court · Sep 17, 2025

Michaels, 219 N.J. 1, 44 , cert. denied, 574 U.S. 1051 (2014) ("Clearly, defendant could not cross-examine the machines themselves"). In substance, that is precisely what occurred here. … Affording the defendant the benefit of the doubt, if the notes were prepared primarily to establish or prove facts for use at trial, they could qualify as testimonial under Bryant, 562 U.S. at 366 .

Evans v. Lorillard Tobacco Co.

465 Mass. 411 · Massachusetts Supreme Judicial Court · Jun 11, 2013

We decline to place addictive chemicals outside the reach of product liability and give them special protection akin to immunity based solely on the strength of their addictive qualities. … Id. at § 5. 16 Because the 1969 Act preempts any State law claim imposing liability based on a showing that a cigarette manufacturer’s “post-1969 advertising or promotions should have included additional, or more clearly

Ginn v. Almy

212 Mass. 486 · Massachusetts Supreme Judicial Court · Jul 1, 1912

The master while not required to report evidence which would substantiate the defendant’s contentions, has reported as to each particular transaction enough of the evidence to present clearly and fully the questions of law … By vote of the directors, who held fifty shares to qualify them for their *503 office, the remainder of the stock was issued to him, and under the terms of the prospectus and subscription sheet prepared and circulated by

Commonwealth v. Silanskas

433 Mass. 678 · Massachusetts Supreme Judicial Court · Apr 13, 2001

Some of the statements were made in the defendant’s presence and thus qualify as adoptive admissions. See Commonwealth v. Babbitt, 430 Mass. 700, 705-706 (2000), and cases cited. … “It is not enough to establish a probability of guilt, even a strong one, based on chances.

In re McKenney

384 Mass. 76 · Massachusetts Supreme Judicial Court · Jul 21, 1981

The court, regarding proceedings before the Commission on Judicial Conduct (commission), established pursuant to G. … L. c. 211C, § 1, *77 as terminated, requested the Board of Bar Overseers (board), established pursuant to S.J.C.

Commonwealth v. Millen

289 Mass. 441 · Massachusetts Supreme Judicial Court · Feb 14, 1935

It is a jurisdiction which should be exercised with great caution and only after a solid foundation of fact has been first established. … There is no evidence tending to show that this juror was influenced by the interview had by him with the officer, or that this juror was not properly qualified.

Commonwealth v. McGann

Massachusetts Supreme Judicial Court · Mar 17, 2020

Beatrice, 460 7 The defendant does not argue that the excited utterance exception be abandoned, "just that its application comport with due process." 8 "A statement qualifies as a spontaneous utterance if 'there … "We accept the judge's findings of fact unless clearly erroneous but independently apply constitutional principles to the facts found." 9 In Commonwealth v.

Planned Parenthood League of Massachusetts, Inc. v. Operation Rescue

406 Mass. 701 · Massachusetts Supreme Judicial Court · Feb 22, 1990

clear that any of the plaintiffs properly may be considered to be either a member of a class of women asserting interference with their right to abortion, which would be required under rule 23, or that any plaintiff would qualify … That definition clearly includes hindrance of access by other than physical means.

School Committee of Lexington v. Zagaeski

469 Mass. 104 · Massachusetts Supreme Judicial Court · Jul 14, 2014

In such circumstance, an arbitrator may be uniquely qualified to interpret the "law of the shop." Id. … Quite unlike here, the arbitrator in that case "found facts and described those facts in a manner that clearly establishe[d the teacher's] conduct to be 'conduct unbecoming a teacher.'" Id. at 231.