Case law

COMMONWEALTH v. MARKEESE MITCHELL (And Two Companion Cases)

Massachusetts Supreme Judicial Court · May 20, 2025

s alleged gang affiliation.[15] With respect to Shantel's prior law-related experiences, Shantel had testified under a grant of immunity in a homicide trial in 2009, but juror no. 15 was unaware of this testimony or the trial … Regardless of how a defendant meets this latter burden, establishing juror bias is crucial to prevailing on such a claim.

Commonwealth v. Charles

428 Mass. 672 · Massachusetts Supreme Judicial Court · Jan 15, 1999

The defendant further argues that Julien’s statements were not sufficiently against his penal interest so as to qualify under that exception to the hearsay rule. … The Commonwealth carries the burden on establishing the unavailability of a witness at the time of trial, Commonwealth v.

Commonwealth v. Valerio

449 Mass. 562 · Massachusetts Supreme Judicial Court · Jul 20, 2007

Considering whether the defendant agent was entitled to *571 qualified immunity, the Court observed that “even a cursory reading of the warrant . . . would have revealed a glaring deficiency that any reasonable police officer … Although it is established that art. 14 does require police officers to have a copy of a search warrant with them at the time they conduct a search, see Commonwealth v.

Commonwealth v. Flynn

285 Mass. 136 · Massachusetts Supreme Judicial Court · Jan 6, 1934

The opinion goes on to say that the court would be inclined to follow that conclusion if the question were an open one in Virginia and if the court did not feel that such course would contravene the established statutory … The primary object of these statutes has not been to confer a benefit on individuals or to give them rights or immunities with reference to another man’s dog.

Opinion of the Justices to the Governor & Council

307 Mass. 613 · Massachusetts Supreme Judicial Court · Oct 18, 1940

And while the office of judge of the Superior Court is clearly within the class of offices therein described, a position on a local board or on an appeal board under the Act now in question is not within that class of offices … Ed.] c. 212, §§ 1, 2) there are other judges qualified to hear the case. See, as to the special duties of the chief justice, G. L. (Ter.

Dillaway v. Burton

256 Mass. 568 · Massachusetts Supreme Judicial Court · Jun 30, 1926

Brigham provided for the establish- 0 ment of a charitable corporation, and on February 11, 1903, a corporation was organized under R. … Brigham, and I consider it my duty to leave the same for the uses and purposes of the Hospital established under his will.”

TENANTS' DEVELOPMENT CORPORATION & Another v. AMTAX HOLDINGS 227, LLC, & Others

Massachusetts Supreme Judicial Court · Jan 13, 2025

"Qualified low-income housing projects" are those where a "qualified nonprofit organization[4] . . . own[s] an interest in the project (directly or through a partnership) and materially participate[s] . . . in the development … Where the partnership agreement clearly reflects the parties' intention that TDC have an unconditioned right to exercise its right of first refusal in accordance with the terms of the ROR agreement and consistent with the

Springfield Safe Deposit & Trust Co. v. Friele

304 Mass. 224 · Massachusetts Supreme Judicial Court · Oct 27, 1939

Choate, 146 Mass. 395, 398 ; where the intention of the testator in regard to conditions “now existing” did not clearly appear and the trust was terminated in part, Williams v. … Williams, 268 Mass. 275 , one article of the will in question that established a trust read as follows: “Upon the decease of all the annuitants herein mentioned, ...

Western Rail Road v. Babcock

47 Mass. 346 · Massachusetts Supreme Judicial Court · Sep 15, 1843

But, to establish either of these grounds of defence, the burden of proof is plainly on the defendant; and to bring his case within the former, he must show such mistake on his part, or some misrepresentation on that of the … But a more decisive, and perhaps more satisfactory answer is, vhat the direct stipulation of the defendant was to execute a qualified, defeasible conveyance of the land to the company, on certain payments being made.

Hanover Insurance v. Rapo & Jepsen Insurance Services, Inc.

449 Mass. 609 · Massachusetts Supreme Judicial Court · Aug 3, 2007

timing and setting of the communications are important indicators of the measure of common interest; the shared interest necessary to justify extending the privilege to encompass intercorporate communications appears most clearly … Where defendants allege a common interest that is no more than a joint effort to establish a common litigation defense strategy, the requisite common interest is among the easiest to establish.

Cousins v. Cowing

40 Mass. 208 · Massachusetts Supreme Judicial Court · Oct 15, 1839

There are very few if any men in the community, who could not establish as good a claim to be exempt from military duty as the petitioner. 2. The next exception is to the enrolment. … Because it is enough for this case, that they had not accepted, or been commissioned or been qualified.

Firearms Records Bureau v. Simkin

466 Mass. 168 · Massachusetts Supreme Judicial Court · Aug 8, 2013

the applicable dis-qualifiers is hardly conclusive evidence that § 131F was intended to create a free-standing nonresident licensing scheme. … Further, the limits of unsuitability have not been clearly established by our case law.

Commonwealth v. Coshnear

289 Mass. 516 · Massachusetts Supreme Judicial Court · Feb 25, 1935

The case against the defendants was established by the testimony of numerous witnesses, each covering but a comparatively small part of the entire field yet sufficient as a whole to support the verdict. … It pointed out clearly the distinction between expressions of opinion as to value and statements of fact as to value as shown by the fair selling price in the market.

Commissioners on Inland Fisheries v. Holyoke Water Power Co.

104 Mass. 446 · Massachusetts Supreme Judicial Court · Mar 15, 1870

The rights of the public are therefore not to be presumed to have been surrendered to a corporation, except so far as an intention to surrender them clearly appears in the charter. … In the light of the principles thus established, we proceed to examine more particularly the provisions of the charter of the Hadley Falls Company.

Commonwealth v. Fuller

423 Mass. 216 · Massachusetts Supreme Judicial Court · Jul 17, 1996

By its terms, the privilege clearly promotes two important interests. … In addition, because the records at issue in Bishop were protected by a qualified, as opposed to an absolute, privilege, see Commonwealth v.

Commonwealth v. Maltais

387 Mass. 79 · Massachusetts Supreme Judicial Court · Aug 4, 1982

The Commonwealth introduced sufficient evidence to allow the trial judge to conclude that the witness in question was qualified. 6 The witness clearly possessed “sufficient skill, knowledge or experience in the field of his … The Commonwealth clearly demonstrated the chain of custody.

Bronson v. Coffin

108 Mass. 175 · Massachusetts Supreme Judicial Court · Oct 15, 1871

by prescription, and if so established is a charge upon his land. … By the law of this Commonwealth, as by the law of England, in the absence of any qualifying statute, agreement or prescription, the owners of adjoining lands were not obliged to maintain fences between them; although any

Home Owners Federal Savings & Loan Ass'n v. Northwestern Fire & Marine Insurance

354 Mass. 448 · Massachusetts Supreme Judicial Court · Jun 7, 1968

Northwestern claims exceptions to certain rulings of the trial judge and to his action in denying certain requests and qualifying his allowance of others. Northwestern filed an outline bill of exceptions. … The court in the Giedrewicz case finally concluded on the facts before it that “if it is clearly established, in the trial of an action either against the employee or against -the principal for damages caused by the employee

Delano Growers' Cooperative Winery v. Supreme Wine Co.

393 Mass. 666 · Massachusetts Supreme Judicial Court · Jan 21, 1985

This clearly established a course of dealing between Delano and Supreme. Any usage of trade followed in areas outside of Massachusetts cannot control this long-standing course of dealing between the parties. … The judge’s acceptance of the expert testimony implies that he found this expert sufficiently qualified to render an opinion. Commonwealth v. Boyd, 367 Mass. 169,183 (1975).

Quincy City Hospital v. RATE SETTING COMMISSION

406 Mass. 431 · Massachusetts Supreme Judicial Court · Jan 16, 1990

Therefore, the declaratory judgment action of New England Memorial Hosp. challenging the $70 per AND rate regulation for lack of prior Federal approval under then applicable Federal Medicaid rules, clearly could not have … Chapter 372 was enacted as emergency legislation which would “immediately provide for the establishment of hospital rates.”