Case law

Commonwealth v. Vasquez

462 Mass. 827 · Massachusetts Supreme Judicial Court · Jul 17, 2012

Clearly, if the prosecutor had requested time to conduct the CORI checks, an accommodation would have been required. See id. … In Richardson, supra at 207 , the Court noted that Bruton established a “narrow exception” to the presumption that jurors follow instructions.

Commonwealth v. Buckley

478 Mass. 861 · Massachusetts Supreme Judicial Court · Feb 14, 2018

See, e.g., Benoit, supra at 219 ("The record clearly reveals that the only purpose for the entry into this suitcase . . . was to seize evidence. … See Carbado, From Stopping Black Massachusetts is not immune from traffic stop violence.

Jarvis v. Rogers

15 Mass. 389 · Massachusetts Supreme Judicial Court · Mar 15, 1819

For it is clearly settled in all the books, mat a factor has no right to pledge the property of his principal; nor can such tortious pledging preclude the principal from recovening >_ of the pawnee, without any tender of … This has been settled in the former action between the plaintiff and Rogers, and is conformable to principles established in various decisions.

Commonwealth v. Wilson

381 Mass. 90 · Massachusetts Supreme Judicial Court · Jul 7, 1980

The judge went on to say that thus viewed, the defendants’ actions demanded sentences which clearly marked the type of conduct involved as “inexcusable.” … Donald testified under a grant of immunity, with the promise that he would be given a new identity. 6 Milan met Wilson in Michigan. As a result of Wilson’s aid, Milan was able to “kick” a heroin habit.

Martin v. Commonwealth

Massachusetts Supreme Judicial Court · May 22, 2023

In affirming the sentence, the Court indicated: "The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner. . . . … Additionally, although a defendant has a right to appeal his or her sentence where it qualifies for review, G.

Commonwealth v. Durand

475 Mass. 657 · Massachusetts Supreme Judicial Court · Oct 7, 2016

However, assuming, arguendo, that the interviews were custodial, the defendant did not clearly invoke his right to silence after waiving his Miranda rights at each interview.3 The defendant's statements, such as "I … Goldberg was a qualified expert who could testify based on her experience and review of relevant scientific literature regarding childhood traumatic injury. He ordered Dr.

Benevolent & Protective Order of Elks, Lodge No. 65 v. Planning Board

403 Mass. 531 · Massachusetts Supreme Judicial Court · Dec 13, 1988

We have recognized that “[t]he private rights most clearly affected by proceedings under § 48 are those of owners and tenants of land in the project area.” Reid v. … Noncompliance with these regulations, the plaintiffs contend, establishes arbitrary and capricious action as a matter of law. This argument has no merit.

Mack v. District Attorney for the Bristol District

Massachusetts Supreme Judicial Court · Apr 26, 2024

General Laws c. 4, § 7, Twenty-sixth (c), clearly and unambiguously states that the privacy exemption does not apply to an "investigation" of law enforcement misconduct. … We turn to the plain language of the statutory scheme at issue, which established the creation of the POST commission. See G. L. c. 6E, § 2.

Commonwealth v. Brown

449 Mass. 747 · Massachusetts Supreme Judicial Court · Aug 29, 2007

California, 505 U.S. 437, 439 (1992) (“It is well established that the Due Process Clause of the Fourteenth Amendment prohibits the criminal prosecution of a defendant who is not competent to stand trial”). … physicians or one or more qualified psychologists.”

In re Application for Admission to the Bar of the Commonwealth

444 Mass. 393 · Massachusetts Supreme Judicial Court · Jun 1, 2005

When the petitioner failed to submit them, the board reported the petitioner as not qualified. … Although the judge clearly stated six times that he later would allow the petitioner to state his views, the petitioner kept insisting that he be heard.

Commonwealth v. Arana

453 Mass. 214 · Massachusetts Supreme Judicial Court · Feb 13, 2009

Jack testified that Betty was “clearly upset,” “crying,” “shook up,” and “distraught.” He testified that during their walk, Betty asked him whether it was rape if someone digitally and orally “pleasured her.” … Fidler, 377 Mass. 192, 196 (1979) (juror testimony may be taken to establish existence of improper influence, but not role of improper influence on jury’s decision). Cf. also Commonwealth v.

Commonwealth v. Costley

118 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 21, 1875

If they find clearly that the prisoner shot this pistol, then that fact is not to be laid aside, but may be used in connection with the other evidence in finding the other facts which are involved in the indictment, such … For it is not sufficient to establish a probability, though a strong one, arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary • but the evidence must establish the truth

Chardin v. Police Commissioner

465 Mass. 314 · Massachusetts Supreme Judicial Court · Jun 4, 2013

Since Heller , “[cjourts have consistently recognized that Heller established that the possession of operative firearms for use in defense of the home constitutes the ‘core’ of the Second Amendment.” Hightower v. … This pronouncement suggests that the initial inquiry to be made when evaluating a right to bear arms is not whether the handgun is necessary for self-defense in the home, but whether an individual is qualified to possess

Holland v. Cruft

69 Mass. 162 · Massachusetts Supreme Judicial Court · Mar 15, 1855

The object was to make them a proprietary, a qualified species of corporation well known in our early history, established to enable a large number of tenants in common the more conveniently to hold, manage and dispose of … This designates very clearly one seized and in actual possession.

Commonwealth v. Wittey

Massachusetts Supreme Judicial Court · Jun 5, 2023

In Dunn, the United States Supreme Court set out four factors to consider in determining whether a particularly described area qualifies as curtilage: (1) "the proximity of the area claimed to be curtilage to the … "[R]egardless of the illegality of the initial entry and search, the evidence is admissible as long as the affidavit in support of the application for a search warrant contains information sufficient to establish

Commonwealth v. McCarthy

Massachusetts Supreme Judicial Court · Apr 16, 2020

on cases where we have required police to introduce evidence of a written policy to justify warrantless inventory searches or to demonstrate "that sobriety checkpoints be governed by standard, neutral guidelines that clearly … While it conceivably could support tort litigation against government actors (subject, of course, to sovereign immunity constraints), it has no application to the criminal suppression context.

Magazu v. Department of Children and Families

473 Mass. 430 · Massachusetts Supreme Judicial Court · Jan 4, 2016

The department shall reimburse foster parents for each child placed in their home at rates that the department has established for the provision of foster care. See 110 Code Mass. Regs. … the reasons for the department's decision are readily apparent from the notice. 5 We note that foster parents are "temporary contract service providers with a defined set of rights and responsibilities that clearly

Commonwealth v. Mahdi

388 Mass. 679 · Massachusetts Supreme Judicial Court · Apr 8, 1983

Upon inquiry by the trial judge, defense counsel stated that he considered himself qualified to handle a capital case. There was no further inquiry by the judge. … Even assuming arguendo that the questions of the district attorney were acceptable under the holding of Boyd , the references in the closing argument clearly went beyond the boundaries of proper summation.

Alliance to Protect Nantucket Sound, Inc. v. Department of Public Utilities

461 Mass. 166 · Massachusetts Supreme Judicial Court · Dec 28, 2011

In sum, our review of the record indicates that there was clearly sufficient evidence on which the department could base its conclusion that the special benefits of PPA-1 exceeded those of other renewable energy resources … The agency, body or authority shall then undertake negotiations with the second most qualified person”). NEPGA states that the department previously has construed G.

Blakeley v. Gorin

365 Mass. 590 · Massachusetts Supreme Judicial Court · Jul 12, 1974

Clearly there would be some effect on the property. There was testimony to support a finding that the effect would not be de minimis but would be substantial. … It seems clear that the arcade is not one of the "usual" permitted projections qualifying as an exception to the set-back restrictions and it would violate both of them.