Commonwealth v. Borgos, 464 Mass. 23 (2012) Dec 21, 2012 · Massachusetts Supreme Judicial Court 464 Mass. 23 Commonwealth vs. Luis Alberto Montalvo Borgos Bristol. September 7, 2012. Present: Ireland, C.J., Cordy, Gants, Duffly, & Lenk, JJ. HEADNOTES Homicide. Practice, Criminal, Motion to suppress, Witness. Constitutional Law, Identification. Due Process of Law, Identification. Identification. Evidence, Identification, Credibility of witness, Redirect examination. Witness, Credibility, Redirect examination. Controlled Substances. […]
Category: Massachusetts Appellate Court Opinions
COMMONWEALTH V. JONES, 464 Mass. 16 (2012)
Commonwealth v. Jones, 464 Mass. 16 (2012) Dec 18, 2012 · Massachusetts Supreme Judicial Court 464 Mass. 16 Commonwealth vs. William H. Jones, Jr. Hampshire. September 4, 2012. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, IJ. HEADNOTES Motor Vehicle, Operating under the influence. Evidence, Breathalyzer test, Relevancy and materiality. Practice, Criminal, Motion in limine, Waiver. Waiver Discussion of the standard […]
CROCKER v. TOWNSEND OIL CO., 464 Mass. 1 (2012)
Charles Edward Crocker & another1 vs. Townsend Oil Company, Incorporated, & others.2 Essex. September 4, 2012. December 17, 2012. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. HEADNOTES Massachusetts Wage Act. Practice, Civil, Statute of limitations. Limitations, Statute of. Employment, Severance agreement. Contract, Employment, Release from liability. Release. This court concluded that employees’ claims for unpaid overtime compensation, although […]
COMMONWEALTH v. BUSWELL, 83 Mass. App. Ct. 1 (2012)
Commonwealth v. Buswell, 83 Mass. App. Ct. 1 (2012) Dec 12, 2012 · Massachusetts Appeals Court · No. 10-P-1556 83 Mass. App. Ct. 1 Commonwealth vs. Michael D. Buswell Plymouth. October 4, 2011. Present: Berry, Cohen, & Sikora, JJ. Further appellate review granted, 464 Mass. 1102 (2013). HEADNOTES Rape. Indecent Assault and Battery. Attempt. Search and Seizure, Computer, Consent. Practice, Criminal, Stipulation, Motion to […]
CLARK v. BOARD OF REGISTRATION OF SOCIAL WORKERS, 464 Mass. 1008 (2013)
464 Mass. 1008 (2013)980 N.E.2d 928 SANDRA CLARK v. BOARD OF REGISTRATION OF SOCIAL WORKERS. SJC-11140.Supreme Judicial Court of Massachusetts.January 2, 2013.Thomas J. Gleason for the plaintiff. Annapurna Balakrishna, Assistant Attorney General, for the defendant. Supreme Judicial Court, Superintendence of inferior courts. Board of Registration of Social Workers. Social Worker. License. Administrative Law, Decision, Substantial evidence, Proceedings before […]
BROWN v. KENDALL, 60 Mass. 292 (1850)
60 Mass. 292 (1850) 6 Cush. 292 George Brown vs. George K. Kendall Oct. 1850 · Massachusetts Supreme Judicial Court Headnotes The defendant, having interfered to part his dog and the plaintiff’s, which were fighting, in raising his stick for that purpose, accidentally struck the plaintiff and injured him. In an action of trespass for the assault […]
EARLE v. ANGELL, 157 Mass. 294 (1892)
157 Mass. 294 (1892) EARLE v. ANGELL. Supreme Judicial Court of Massachusetts, Worcester. Worcester. October 3, 4, 1892. ? Oct. 21, 1892. ?Present: FIELD, C. J., HOLMES, KNOWLTON, MORTON, & LATHROP, JJ. Parol Contract to pay Money after one?s Death. A parol contract to pay a person a sum of money conditioned upon his attending […]
POOR v. OAKMAN, 104 Mass. 309 (1870)
104 Mass. 309 Supreme Judicial Court of Massachusetts. JOHN R. POOR & another v. SAMUEL OAKMAN. March Session, 1870. Headnotes A., owing land, gave B. a bond for a deed of it. A religious society was afterwards formed, of which B. was treasurer. A. sold the land to the firm of C. & D., and […]
COMMONWEALTH v. CHARLES (Mass. App. 1/2/2018)
No. 17-P-503. ?COMMONWEALTH, vs. MAX CHARLES, JR. Appeals Court of Massachusetts. January 2, 2018. Counsel: David B. Mark?, A.D.A.,?Shoshana Stern?, A.D.A.,?Mary E. Lee?, A.D.A., for Commonwealth, Plaintiff/Appellee. Thomas C. Foley, Esquire?, for Max Charles, Defendant/Appellant. By the Court (Milkey, Henry & Wendlandt, JJ.). MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 Summary decisions issued by the […]
FLETCHER TILTON, P.C. v. SBROGNA (Mass. App. 1/2/2018)
No. 17-P-394. FLETCHER TILTON, P.C. vs. RALPH F. SBROGNA & another. Appeals Court of Massachusetts. January 2, 2018. Counsel Thomas F. Maffei, Esquire?,?Jessica G. Kelly, Esquire?, for Fletcher Tilton, PC, Plaintiff/Appellant. Roy A. Bourgeois, Esquire?,?Ralph F. Sbrogna, Esquire?, for Ralph F. Sbrogna, Defendant/Appellee. Roy A. Bourgeois, Esquire?,?Ralph F. Sbrogna, Esquire?, for Sbrogna & Brunelle LLP, […]
HERNANDEZ-LEMUS v. ARIAS-DIAZ (Mass. App. 1/2/2018)
No. 16-P-1102. ESWIN E. HERNANDEZ-LEMUS, vs. MARIA E. ARIAS-DIAZ. Appeals Court of Massachusetts. January 2, 2018. Counsel Valquiria Ribeiro, Esquire?,?Idelta Dasilva, Esquire?, for Eswin Hernandez-Lemus, Plaintiff/Appellant. Maria Esperanza Arias-Diaz, for Defendant/Appellee, Pro Se. By the Court (Trainor, Meade & Wolohojian, JJ.). MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 Summary decisions issued by the Appeals Court […]
IN THE MATTER OF A REQUEST FOR AN INVESTIGATION OF ATTORNEYS, 460 Mass. 1025 (2011)
IN THE MATTER OF A REQUEST FOR AN INVESTIGATION OF ATTORNEYS. 460 Mass. 1025 November 21, 2011. The petitioner appeals from a judgment of a single justice of this court Page 1026 dismissing her petition for relief in the nature of mandamus. She sought an order compelling the Board of Bar Overseers to cause the […]
IN THE MATTER OF GARGANO, 460 Mass. 1022 (2017)
IN THE MATTER OF PAUL A. GARGANO. 460 Mass. 1022 November 21, 2011. The respondent, Paul A. Gargano, appeals from an order of a single justice of this court ordering that he be indefinitely suspended from the practice of law. We affirm. Background. Bar counsel filed with the Board of Bar Overseers (board) a petition […]
IN RE FARIA, 460 Mass. 1021 (2011)
JOHN FARIA, PETITIONER. 460 Mass. 1021 November 21, 2011. Records And Briefs: (1)?SJC-11001 01 Appelllant Faria Brief John Faria appeals from a judgment of a single justice of this court denying his petition under G. L. c. 211, ? 3. We affirm. In September, 2005, Faria, who has been civilly committed to Bridgewater State Hospital […]
CARE AND PROTECTION OF VIERI, 92 Mass. App. Ct. 402 (2017)
CARE AND PROTECTION OF VIERI.?[Note 1] 92 Mass. App. Ct. 402 September 11, 2017 – October 18, 2017 Court Below: Juvenile Court, Berkshire County Present: Green, Sullivan, & Sacks, JJ. Summary Minor, Care and protection. Parent and Child, Care and protection of minor. Practice, Civil, Care and protection proceeding. Department of Children & Families. At […]
COMMONWEALTH v. COLLINS, 92 Mass. App. Ct. 395 (2017)
COMMONWEALTH vs. MOSES COLLINS. 92 Mass. App. Ct. 395 September 5, 2017 – October 18, 2017 Court Below: Boston Municipal Court, Dorchester Division Present: Milkey, Hanlon, & Shin, JJ. Summary Assault and Battery. Threatening. Identification. Constitutional Law, Identification. Due Process of Law, Identification. Evidence, Identification. Practice, Criminal, Identification of defendant in courtroom, Argument by prosecutor. […]
ONEBEACON AMERICA INSURANCE COMPANY vs. CELANESE CORPORATION, 92 Mass. App. Ct. 382 (2017)
ONEBEACON AMERICA INSURANCE COMPANY vs. CELANESE CORPORATION. 92 Mass. App. Ct. 382 November 18, 2016 – October 16, 2017 Court Below: Superior Court, Suffolk County Present: Trainor, Meade, & Hanlon, JJ. Summary: Insurance, Defense of proceedings against insured, Insurer’s obligation to defend. Contract, Insurance. Conflict of Interest. Practice, Civil, Summary judgment, Attorney’s fees. In a […]
COMMONWEALTH v. LEARY, 92 Mass. App. Ct. 332 (2017)
Issues: Criminal Law, Driving Under the Influence, Homicide
COMMONWEALTH vs. DANIEL LEARY. 92 Mass. App. Ct. 332 January 18, 2017 – September 29, 2017 Court Below: Superior Court, Hampden County Present: Green, Agnes, & Desmond, JJ. Motor Vehicle, Homicide, Operating under the influence. Intoxication. Evidence, Breathalyzer test, Field sobriety test, Intoxication, Unavailable witness, Previous testimony of unavailable witness, Videotape. Witness, Unavailability. Practice, Criminal, […]
CALVAO v. RASPALLO, 92 Mass. App. Ct. 350 (2017)
Issues: Civil Procedure, Property Law, Summary Judgment
MANUEL J. CALVAO & another?[Note 1]?vs. KATHLEEN E. RASPALLO. 92 Mass. App. Ct. 350 May 31, 2017 – September 29, 2017 Court Below: Superior Court, Barnstable County Present: Green, Wolohojian, & Ditkoff, JJ. Condominiums, Common area, Master deed. Real Property, Condominium, Restrictions. Practice, Civil, Summary judgment. This court, in construing G. L. c. 183A, ? […]
COMMONWEALTH v. DOBSON, 92 Mass. App. Ct. 355 (2017)
Issues: Assault With a Deadly Weapon, Child Abuse, Criminal Law
COMMONWEALTH vs. JANERA W. DOBSON. 92 Mass. App. Ct. 355 March 10, 2017 – October 3, 2017 Court Below: Boston Municipal Court, Dorchester Division Present: Milkey, Hanlon, & Lemire, JJ. Assault and Battery by Means of a Dangerous Weapon. Parent and Child, Discipline. Child Abuse. Practice, Criminal, Required finding. At the trial of a criminal […]