Case law

Care and Protection of Edwina.

Massachusetts Appeals Court · Mar 8, 2024

The mother's witness, who was qualified as an expert in parenting assessments and trauma reactivity by the trial judge, was a social worker who completed a parenting evaluation of the mother. … Ct. 479, 486 (2003) ("We establish no per se rule or presumption concerning the length of time after which the accuracy of a judge's findings may be called into question.

Commonwealth v. Mark Barry.

Massachusetts Appeals Court · Mar 11, 2025

The red cap's testimony clearly indicates a command to stop.8 This conflicting grand jury testimony must be resolved by an evidentiary hearing. … Ct. at 785 (eliciting facts at evidentiary hearing to establish probable cause to stop defendant).12 b. Defendant's interrogation.

Commonwealth v. Winter

9 Mass. App. Ct. 512 · Massachusetts Appeals Court · Apr 7, 1980

The same day at about 2:30 p.m., Winter and Sperlinga visited Somerset, which places and services coin operated machines in clubs and other establishments with which it shares the proceeds. 7 There they spoke with Agostinelli … We there said: “Presently a statement is admissible if its utterance was spontaneous to a degree which reasonably negated premeditation or possible fabrication and if it tended to qualify, characterize and explain the underlying

Quinn v. Rent Control Board

45 Mass. App. Ct. 357 · Massachusetts Appeals Court · Aug 27, 1998

Further, the Commonwealth suggests that an “attempt to evade” the local discontinuance process should not qualify as a good faith discontinuance. … Although a similarity in standards under the ‘takings’ clauses of the two Constitutions has not been as clearly established, the [owners] have advanced no reason why we should create takings principles more favorable to them

Commonwealth v. Angel Gonzalez.

Massachusetts Appeals Court · May 1, 2025

Clearly, more is involved than in a mere stealthy taking where the victim has no present realization of the theft." (Emphasis added; quotations, citations, and footnote omitted.) Commonwealth v. … Moreover, "[t]o prove that a robbery was committed 'by assault and putting in fear,' the Commonwealth must establish actual fear or apprehension on the part of the victim." Commonwealth v.

Commonwealth v. Darren Hughes.

Massachusetts Appeals Court · Dec 22, 2023

The defendant argues that Sergeant McManus was not qualified to opine as to whether they were in fact sent from the defendant's phone, so they are hearsay. … The defendant next challenges the judge's instruction regarding the elements of the trafficking offense, arguing that the judge did not clearly convey that the jury would have to find that the victim actually engaged

COMMONWEALTH v. RALPH R., a juvenile.

100 Mass. App. Ct. 150 · Massachusetts Appeals Court · Aug 23, 2021

"Proof of possession and knowledge may be established by circumstantial evidence and the inferences that can be drawn therefrom." Gouse, supra. … Tavares, 385 Mass. 140, 156 , cert. denied, 457 U.S. 1137 (1982) (judge's finding on juror credibility must be accepted unless clearly erroneous).

Schwanbeck v. Federal-Mogul Corp.

31 Mass. App. Ct. 390 · Massachusetts Appeals Court · Sep 23, 1991

Boston Edison Co., 390 Mass. 604, 616 (1983), the boundaries of what may qualify for consideration as a c. 93A violation is a question of law. See Mechanics Natl. Bank v. … Those findings, we accept, unless clearly erroneous. Mass.R.Civ.P. 52 (a); 365 Mass. 816 (1974). First Pa. Mortgage Trust v. Dorchester Sav.

Richard E. Savoy v. Geraldine S. Savoy.

Massachusetts Appeals Court · Sep 11, 2025

With respect to the transfer of the Prothena stock (paragraph 5), the record establishes that on meeting with the special master, the husband agreed to the transfer. … L. c. 215, § 34A, is available as a remedy for ongoing failure to comply with an order . . . that may not qualify as a 'judgment for the payment of money' under G.

ADOPTION OF IRMA (And Three Companion Cases).

Massachusetts Appeals Court · Aug 30, 2023

findings with substantial deference, recognizing her discretion to evaluate a witness's credibility and to weigh the evidence," Adoption of Nancy, 443 Mass. 512, 515 (2005), "and reverse only where the findings of fact are clearly … failing to pursue bits of 23 Because the mother denied tribal membership, and there is no claim that any of the biological fathers were members of an Indian tribe, the children did not qualify