Case law

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  • Commonwealth v. Serrano

    74 Mass. App. Ct. 1 · Massachusetts Appeals Court · Mar 27, 2009

    Brown, J. The defendant appeals from his conviction of murder in the second degree. … See Commonwealth v. Kilburn, 426 Mass. 31 , 34 n.5 (1997), quoting from Commonwealth v.

    Cited 2 timesPublished
  • Commonwealth v. Warren

    87 Mass. App. Ct. 476 · Massachusetts Appeals Court · Jun 10, 2015

    See United States v. Perea-Rey, 680 F.3d 1179 , 1182 n.1 (9th Cir. 2012); Pahls v. Thomas, 718 F.3d 1210 , 1216 n.l (10th Cir. 2013). See also United States v. Brown, 636 F. Supp. 2d 1116 , 1124 n.1 (D. … Brown Paper Bag. Important! has Narcotics. This is No Joke.’ The message was unsigned.

    Disagreed with by Commonwealth v. Warren, 475 Mass. 530 (2016)Cited 2 timesPublished
  • Commonwealth v. DeJesus

    44 Mass. App. Ct. 349 · Massachusetts Appeals Court · Mar 2, 1998

    Brown, J. The defendant appeals from convictions of armed *350 robbery (G. L. c. 265, § 17), assault and battery with a dangerous weapon (G. L. c. 265, § 15A[6]), and illegal possession of a firearm (G. … See also Thames v.

    Cited 9 timesPublished
  • Whelihan v. Markowski

    37 Mass. App. Ct. 209 · Massachusetts Appeals Court · Aug 25, 1994

    Present: BROWN, PERRETTA, & JACOBS, JJ. Thomas M. Elcock for the defendants. William J. Cass for the plaintiff. PERRETTA, J. … Consistent with Wolfberg v.

    Cited 15 timesPublished
  • Gambee v. Wells Fargo Bank, N.A.

    93 Mass. App. Ct. 1112 · Massachusetts Appeals Court · May 29, 2018

    Heacock v. Heacock , 402 Mass. 21 , 23 (1988). … Ct. 453 , 457 (2006), quoting from Kobrin v. Board of Registration in Med. , 444 Mass. 837 , 843 (2005).

    Cited 0 timesPublished
  • Commonwealth v. Gomes

    73 Mass. App. Ct. 857 · Massachusetts Appeals Court · Mar 23, 2009

    See Commonwealth v. … App. 3d 382, 390 (1981) (condition prohibiting using intoxicants and visiting places that sell intoxicants struck down because it was unrelated to the defendant’s conviction); Brown v. State, 679 So. 2d 367 (Fla. Dist.

    Cited 8 timesPublished
  • Peters v. Haymarket Leasing, Inc.

    64 Mass. App. Ct. 767 · Massachusetts Appeals Court · Oct 17, 2005

    Once inside, the driver would enter a parking lane until a signal board flashed the number printed on the receipt. … See Kourouvacilis v.

    Cited 19 timesPublished
  • Commonwealth v. Delaney

    11 Mass. App. Ct. 398 · Massachusetts Appeals Court · Feb 19, 1981

    It is obvious from Commonwealth v. … The discussion in Commonwealth v.

    Cited 16 timesPublished
  • OMV Associates v. Clearway Acquisition, Inc.

    82 Mass. App. Ct. 561 · Massachusetts Appeals Court · Oct 4, 2012

    Most of the members of the board of directors for Mirror Image were on the board of Clear *564 way as well. … Authy. v.

    Cited 8 timesPublished
  • Commonwealth v. Smith

    21 Mass. App. Ct. 619 · Massachusetts Appeals Court · Feb 19, 1986

    See Commonwealth v. Yelle, 19 Mass. App. Ct. 465, 466-472 (1985). Compare Commonwealth v. Barrett, 386 Mass. 649, 652 (1982), with Commonwealth v. … The judge charged on joint venture. 8 Compare Commonwealth v. Brown, 2 Mass. App. Ct. 883, 884 (1974), with Commonwealth v. Davis, 7 Mass. App. Ct. 9, 11-12 (1979). Cf. Commonwealth v. Correia, 17 Mass. App.

    Cited 16 timesPublished
  • G.R. v. Department of Developmental Services

    84 Mass. App. Ct. 791 · Massachusetts Appeals Court · Feb 18, 2014

    See, e.g., Kippenberger v. Board of Registration in Veterinary Med., 448 Mass. 1035, 1036 (2007). … See, e.g., Duggan v. Board of Registration in Nursing , 456 Mass, at 674.

    Cited 3 timesPublished
  • Morrell v. Precise Engineering, Inc.

    36 Mass. App. Ct. 935 · Massachusetts Appeals Court · Mar 14, 1994

    Smith v. Ariens Co., 375 Mass. 620, 624 (1978). Of course, expert opinion is not always necessary to establish liability. In Smith v. … Hale Hosp., 400 Mass. 175, 178 (1987), attributed the collapse of the scaffolding to the brackets pulling away from the roof board.

    Cited 29 timesPublished
  • Sagar v. Sagar

    57 Mass. App. Ct. 71 · Massachusetts Appeals Court · Jan 14, 2003

    See Dalli v. Board of Educ., 358 Mass. 753, 758 (1971) *74 (“If the beliefs be sincerely held they are entitled to the same protection as those more widely held by others”); Attorney Gen. v. … See Dalli v. Board of Educ., 358 Mass. at 758 ; Attorney Gen. v. Desilets, 418 Mass. at 329-330 ; Opinion of the Justices, 423 Mass. 1244, 1246-1247 (1996).

    Cited 10 timesPublished
  • Commonwealth v. Richardson

    49 Mass. App. Ct. 82 · Massachusetts Appeals Court · Apr 5, 2000

    Brown, J. The defendant was convicted by a Superior Court jury of rape of a child by force. G. L. c. 265, § 22A. … See Commonwealth v. Bowden, 379 Mass. 472, 485-486 (1980); Commonwealth v. Flanagan, 20 Mass. App. Ct. 472, 475-476 (1985).

    Cited 1 timesPublished
  • Commonwealth v. Chirillo

    53 Mass. App. Ct. 75 · Massachusetts Appeals Court · Oct 25, 2001

    See Commonwealth v. Christian, 429 Mass. 1022, 1023 (1999); Commonwealth v. Richards, supra at 481 n.4. … See Henschel v. Commissioner of Correction, 368 Mass. 130, 131-133 (1975); Baranow v. Commissioner of Correction, 1 Mass. App.

    Cited 2 timesPublished
  • In re Proceedings before a Grand Jury

    55 Mass. App. Ct. 17 · Massachusetts Appeals Court · May 30, 2002

    Ibid., quoting from Commonwealth v. Funches, supra, quoting from Ullman v. United States, 350 U.S. 422, 429 (1956). … Ohio v. Reiner, 532 U.S. 17, 21 (2001), quoting from Grunewald v. United States, 353 U.S. 391, 421 (1957), quoting from Slochower v. Board of Higher Educ. of New York City, 350 U.S. 551, 557-558 (1956).

    Cited 1 timesPublished
  • Commonwealth v. Boland

    43 Mass. App. Ct. 451 · Massachusetts Appeals Court · Sep 2, 1997

    Ct. 238, 243 (1983), quoting from Commonwealth v. Grant, 366 Mass. 272, 275 (1974). See Brown v. Commissioner of Correction, 336 Mass. 718, 722 (1958); Manning v. Superintendent, Mass. … Commonwealth v. Foley, supra at 243 , quoting from Commonwealth v. Manning, supra at 392 .

    Cited 7 timesPublished
  • Commonwealth v. Irick

    58 Mass. App. Ct. 129 · Massachusetts Appeals Court · May 15, 2003

    Within three to five minutes, a police officer spotted the defendant scurrying along Browne Street, a short distance from Deming’s apartment. The officer stopped the defendant and questioned him. … See Commonwealth v. Brookins, 416 Mass. 97, 101-103 (1993); Commonwealth v. Hill, 432 Mass. 704, 719 (2000).

    Cited 3 timesPublished
  • Noble v. Goodyear Tire & Rubber Co.

    34 Mass. App. Ct. 397 · Massachusetts Appeals Court · Apr 27, 1993

    Correllas v. Viveiros, 410 Mass. 314, 316-317 (1991). See also Henshaw v. Cabeceiras, 14 Mass. App. … Attorney Gen. v. Brown, 400 Mass. 826, 832 (1987).

    Cited 9 timesPublished
  • Higgins v. Town of Swansea

    72 Mass. App. Ct. 911 · Massachusetts Appeals Court · Sep 5, 2008

    Schwartz v. Travelers Indem. Co., 50 Mass. App. Ct. 672, 677 (2001). … of aldermen, town council, board of selectmen, or traffic commission or traffic director having authority to promulgate traffic rules shall have established by municipal rule, regulation, ordinance or by-law a schedule of

    Cited 0 timesPublished

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