Case law

Commonwealth v. Bruno

432 Mass. 489 · Massachusetts Supreme Judicial Court · Sep 29, 2000

Statute 1999, c. 74, is entitled “An Act. . . establishing civil commitment” (emphasis added). See Kansas v. Hendricks, supra at 361 . … L. c. 123, § 12 (a), after an impartial qualified physician determined her to be dangerous and mentally ill.

Jenkins v. Inhabitants of Andover

103 Mass. 94 · Massachusetts Supreme Judicial Court · Nov 15, 1869

The Constitution of the Commonwealth, part 2, c. 5, § 2, requires the legislature and the magistrates, among other things, to “ cherish ” “ public schools and grammar schools in the towns,” clearly referring to the schools … They shall also have the right to recommend for admission to the school such pupils of the public schools as they may deem qualified therefor.

Commonwealth v. Guyton

405 Mass. 497 · Massachusetts Supreme Judicial Court · Aug 7, 1989

. *501 By adopting these standards courts and Legislatures have recognized the need for establishing an ascertainable basis for determining that a knowing and intelligent waiver has preceded the interrogation of a juvenile … Since all three of those times were in connection with the March 3, 1985, incident, however, they clearly shed no light on the defendant’s sophistication at the critical time. The present case is unlike Commonwealth v.

Commonwealth v. Ackers

343 Mass. 63 · Massachusetts Supreme Judicial Court · Jun 21, 1961

I find that there was no treatment center established at the Massachusetts Correctional Institution, Walpole, at the time of the petitioner’s commitment thereto. … L. c. 123A, § 1, and was in need of care and treatment provided in the treatment center established by said chapter.

Sims's Case

61 Mass. 285 · Massachusetts Supreme Judicial Court · Mar 15, 1851

If then these states, prior to the adoption of the constitution, would have been sovereign and independent, these views of the established and recognized laws of nations indicate clearly what would have been their relative … The duties and relations of the states to each other, by the laws of nations, anterior to the making of the constitution, and the qualified but acknowledged right arising from the establishment of slavery in some states,

In the Matter of Dugan

416 Mass. 461 · Massachusetts Supreme Judicial Court · Dec 2, 1993

On the one hand, there was a person who by background, training, and experience was clearly qualified for the position. … Again, as the hearing officer noted, “highly questionable if not clearly improper means” were used toward laudable ends.

Holdsworth v. Healey

249 Mass. 436 · Massachusetts Supreme Judicial Court · Jun 12, 1924

It has been long established. There appears to be no reason for relaxing it. The case at bar is within the express authority of numerous of our decisions. Thurston v. Percival, 1 Pick. 415 . Lathrop v. … It is clearly distinguishable from cases like Taylor v. Rosenberg, 219 Mass. 113 , Bennett v. Tighe, 224 Mass. 159 , and Reed v. Chase, 238 Mass. 83 .

Commonwealth v. Thissell

457 Mass. 191 · Massachusetts Supreme Judicial Court · Jul 1, 2010

It is well established that a probation revocation proceeding is not a criminal prosecution, requiring “the full panoply of constitutional protections applicable at a criminal trial.” Commonwealth v. … In the map showing the exclusion zone, the zone is clearly indicated and an observer can clearly discern the outer boundaries of the exclusion zone by reference to the map. 15 A review of the origins of GPS technology provides

Commonwealth v. Duguay

430 Mass. 397 · Massachusetts Supreme Judicial Court · Dec 7, 1999

We did not qualify the admission of the results on the availability of additional confirmatory evidence. … Stewart, 422 Mass. 385, 389 (1996), we stated that, “[i]f polygraphic evidence is to be admissible in a given case, it seems likely that its reliability will be established by proof in a given case that a qualified tester

Three Sons, Inc. v. Phoenix Insurance

357 Mass. 271 · Massachusetts Supreme Judicial Court · Apr 13, 1970

The words, “liability imposed ... by reason of any statute,” clearly imports a direct causal relation between the fact of liability and the violation of a statute. … The defence of laches has not been established.

Commonwealth v. Ardon

428 Mass. 496 · Massachusetts Supreme Judicial Court · Dec 11, 1998

The defendant clearly availed himself of this right. We decline to go beyond our prior pronouncements on the subject. (b) Independent interpreter. … The Commonwealth has the burden of establishing a knowing, voluntary, and intelligent waiver of Miranda rights. See Commonwealth v. Magee, 423 Mass. 381, 386 (1996).

Commonwealth v. Soares

377 Mass. 461 · Massachusetts Supreme Judicial Court · Mar 8, 1979

established. … Not the least of the impediments to establishing such a claim is the nature of the proof required to establish systematic exclusion by the prosecutor.

Graham v. McGrail

370 Mass. 133 · Massachusetts Supreme Judicial Court · Apr 9, 1976

L. c. 268A, § 19, but that there was a valid quorum and that the chairman’s votes were valid and effective to establish the budget. … L. c. 268A, § 19, might “participate in any way in establishing the entire Budget.”

Boston Plate & Window Glass Co. v. John Bowen Co.

335 Mass. 697 · Massachusetts Supreme Judicial Court · Apr 12, 1957

However, due to the fact that it was not accompanied by proper security, Salem’s bid was rejected by the department of public health which directed the defendant to substitute the plaintiff as the lowest qualified bidder … Clearly it could not recover them under its declaration, which was based solely on breach of contract and not on quantum meruit.

Bayley v. Bryant

41 Mass. 198 · Massachusetts Supreme Judicial Court · Oct 5, 1839

Although the party may make his own writ, yet the attachment of which it is the basis, can only be made by an officer duly appointed and qualified for the purpose. … Clearly it could not. And whether the communication was oral or written, could make no difference.

Andrews v. Civil Service Commission

446 Mass. 611 · Massachusetts Supreme Judicial Court · Apr 28, 2006

While §§ 1 and 39 clearly contemplate that different positions (such as SIA/B and SI-C) may be in the same title, the department introduced substantial evidence, which was credited by the hearing officer, to support that … L. c. 31, § 1, as a “department, or any division, institutional component or other component of a department established by law, ordinance, or by-law.”

Murphy v. Massachusetts Turnpike Authority

462 Mass. 701 · Massachusetts Supreme Judicial Court · Jul 12, 2012

If nondiscriminatory, it is invalid only if it imposes a burden on interstate commerce that “is clearly excessive in relation to the putative local benefits.” Id. at 338-339 , quoting Pike v. … L. c. 81A (see note 7, supra), the act that established the authority, established the Department of Transportation (department) in its place, and transferred the authority’s responsibilities and employees to the department

Home National Bank v. Carpenter

129 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 24, 1880

The words “ to be operative,” by strict grammatical construction, qualify only the words “ shall have been passed by a majority,” &c., and not the subsequent words “ and shall be confirmed by the signatures,” &c. … But if they must be considered as applying to the signing, as well as to the passage, of the resolution of composition, they clearly relate only to something necessary to be done before the resolution is presented to the

Lexington & West Cambridge Railroad v. Elwell

90 Mass. 371 · Massachusetts Supreme Judicial Court · Jan 15, 1864

The office of treasurer was to be holden for the official year, as established by the corporation. This point seems to have been fully met in the opinion of the court in Chelmsford Co. v. Demarest, 7 Gray, 1 . … The bond only extended to a reasonable time beyond the year, sufficient to elect and qualify a new treasurer.

Commonwealth v. McAlister

365 Mass. 454 · Massachusetts Supreme Judicial Court · Jun 12, 1974

We have examined these studies and are unprepared to say that they so clearly demonstrate a conviction-prone bias in “death-qualified” juries as to make trials before such juries constitutionally defective. … He further charges error in that the prosecutor did not establish that the defendant was the same James McAlister named in the conviction record. Ayers v. Rat-shesky, 213 Mass. 589, 594-595 (1913).