COMMONWEALTH vs. PATRICK W. TRACY. No. 98-P-522.Appeals Court of Massachusetts. Norfolk.November 5, 1999. November 6, 2000. Present: Armstrong, C.J., Smith, Kass, JJ. Assault with Intent to Maim. Evidence, Spontaneous utterance. InterstateAgreement on Detainers. Practice, Criminal, Speedy trial. At a criminal trial, the judge properly admitted in evidence, under the the excited utterance exception to the […]
Category: Massachusetts Appellate Court Opinions
COMMONWEALTH v. HOUGHTON, 39 Mass. App. Ct. 94 (1995)
654 N.E.2d 932 COMMONWEALTH vs. HENRY E. HOUGHTON. No. 84-P-292.Appeals Court of Massachusetts. Hampden.February 8, 1995. August 17, 1995. Present: DREBEN, GILLERMAN, LAURENCE, JJ. Practice, Criminal, Assistance of counsel, Instructions to jury, Comment by prosecutor, Argument by prosecutor. Evidence, Fresh complaint. On appeal from convictions of sexual offences the defendant did not demonstrate that his […]
KARSOKAS v. UNIVERSAL MOTOR SALES CO., 277 Mass. 154 (1931)
178 N.E. 228 PAULINE KARSOKAS vs. UNIVERSAL MOTOR SALES CO. STEPHEN KARSOKAS vs. SAME. Supreme Judicial Court of Massachusetts. Suffolk.November 3, 1931. November 3, 1931. Present: RUGG, C.J., PIERCE, WAIT, SANDERSON, FIELD, JJ. Negligence, Contributory, In use of way. Upon the evidence at the trial of an action for personal injuries sustained by a pedestrian, […]
KING v. MURPHY VARNISH CO., 188 Mass. 66 (1905)
74 N.E. 290 D. WEBSTER KING vs. MURPHY VARNISH COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.November 14, 1904. May 17, 1905. Present: KNOWLTON, C.J., MORTON, LATHROP, BARKER, LORING, JJ. Landlord and Tenant. Covenant. A lease contained a covenant that “no act or thing shall be done upon the said premises, which may make void or […]
FROST v. McCARTHY, 200 Mass. 445 (1909)
86 N.E. 918 CORNELIA FROST vs. JAMES C. McCARTHY another. Supreme Judicial Court of Massachusetts. Suffolk.November 12, 1908. January 6, 1909. Present: KNOWLTON, C.J., MORTON, HAMMOND, BRALEY, RUGG, JJ. Negligence. Nuisance. If a woman, on going to a store where she often has transacted business, finds that repairs are going on and that a scaffolding […]
KANSKY v. MELHADO, 36 Mass. App. Ct. 1111 (1994)
633 N.E.2d 443 GAIL R. KANSKY vs. STEPHEN E. MELHADO. No. 92-P-842.Appeals Court of Massachusetts. March 31, 1994. Judgment affirmed.
COMMONWEALTH v. KISS, 70 Mass. App. Ct. 1112 (2007)
876 N.E.2d 1185 COMMONWEALTH v. KAREN M. Kiss. No. 06-P-1616.Appeals Court of Massachusetts. November 23, 2007. DECISIONS Pursuant to Rule 1:28. Finding of probation violation affirmed. Order revoking probation and imposing sentence vacated. Case remanded for a new hearing on disposition in accordance with the memorandum and order of the Appeals Court.
COMMONWEALTH v. LECAIN, 19 Mass. App. Ct. 1034 (1985)
477 N.E.2d 205 COMMONWEALTH vs. DEAN J. LECAIN. Appeals Court of Massachusetts. April 26, 1985. Evidence, Privileged communication, Collateral matter. Social Worker. After a jury trial in the Superior Court the defendant, Dean J. LeCain, was convicted of murder in the second degree for the killing of the one-year-old daughter of Corleen D., the woman […]
COMMONWEALTH v. STILLWELL, 416 Mass. 1102 (1993)
COMMONWEALTH vs. DAVID R. STILLWELL. Supreme Judicial Court of Massachusetts. July 29, 1993 Further appellate review denied: Reported below: 34 Mass. App. Ct. 1125 (1993). MME. JUSTICE ABRAMS did not participate.
PINE STREET CORP. v. BONAVIRE, 36 Mass. App. Ct. 1103 (1994)
629 N.E.2d 369 PINE STREET CORP. vs. JOSEPH J. BONAVIRE. No. 93-P-309.Appeals Court of Massachusetts. February 4, 1994. Judgment affirmed.
NIGRO v. ATTORNEY GENERAL, 402 Mass. 438 (1988)
523 N.E.2d 467 JOSEPH W. NIGRO another[1] vs. ATTORNEY GENERAL others.[2] Supreme Judicial Court of Massachusetts. Suffolk.May 5, 1988. May 25, 1988. [1] Charles Raso. [2] Secretary of the Commonwealth. The first ten signers of the petition whose certification by the Attorney General is challenged on appeal, Raymond D. Caruso, Stephen P. Tocco, J. Douglas […]
COMMONWEALTH v. COTE, 397 Mass. 1103 (1986)
COMMONWEALTH vs. EDWARD E. COTE. Supreme Judicial Court of Massachusetts. May 30, 1986 Further appellate review denied: Reported below: 21 Mass. App. Ct. 1114 (1986).
COMMONWEALTH v. GLENN, 48 Mass. App. Ct. 1122 (2000)
724 N.E.2d 753 COMMONWEALTH vs. BOBBY GLENN. No. 98-P-1797.Appeals Court of Massachusetts. March 2, 2000. Judgment affirmed.
HILLS v. VENEZIA, 56 Mass. App. Ct. 1101 (2002)
Kimberly Hills v. Robert Venezia. No. 00-P-1204.Appeals Court of Massachusetts. September 23, 2002. Judgments affirmed.
COM. v. FLEMMING, 76 Mass. App. Ct. 632 (2010)
925 N.E.2d 39 COMMONWEALTH v. ROBERT FLEMMING. No. 09-P-261.Appeals Court of Massachusetts. Suffolk.December 4, 2009. April 23, 2010. Present: GREEN, RUBIN, WOLOHOJIAN, JJ. Firearms. Practice, Criminal, Motion to suppress. Search and Seizure, Threshold police inquiry, Protective frisk. Constitutional Law, Search and seizure. A Boston Municipal Court judge did not err in granting a criminal defendant’s […]
E.B. HORN CO. v. ASSESSORS OF BOSTON, 321 Mass. 579 (1947)
74 N.E.2d 421 THE E.B. HORN COMPANY vs. ASSESSORS OF BOSTON. Supreme Judicial Court of Massachusetts. Suffolk.January 7, 8, 1947. July 24, 1947. Present: LUMMUS, RONAN, WILKINS, SPALDING, JJ. Taxation, Appellate Tax Board: appeal to board; Real estate tax: abatement. Statute, Retroactive statute. The time for filing an appeal to the Appellate Tax Board from […]
CUMMINGS v. RUSSELL, 258 Mass. 502 (1927)
155 N.E. 641 HENRY SAVAGE CHASE CUMMINGS vs. JOSEPH B. RUSSELL, executor, another. Supreme Judicial Court of Massachusetts. Norfolk.December 2, 1926. March 3, 1927. Present: RUGG, C.J., BRALEY, CROSBY, PIERCE, SANDERSON, JJ. Probate Court, Appeal, Finding by judge. Executor and Administrator. Evidence, Presumptions and burden of proof. On an appeal from a decree dismissing a […]
CAMERON v. KANRICH, 201 Mass. 451 (1909)
87 N.E. 605 LILLIAN M. CAMERON vs. ALBERT M. KANRICH another. Supreme Judicial Court of Massachusetts. Suffolk.January 11, 1909. March 9, 1909. Present: KNOWLTON, C.J., MORTON, HAMMOND, LORING, BRALEY, JJ. Joint Tortfeasors. Judgment. Practice, Civil, Appeal. In an action of tort against two joint tortfeasors jointly, taking judgment against one of them is a bar […]
COMMONWEALTH v. BAKER, 46 Mass. App. Ct. 915 (1999)
706 N.E.2d 307 COMMONWEALTH vs. BRIAN K. BAKER. No. 97-P-1638.Appeals Court of Massachusetts. February 22, 1999. Practice, Criminal, Plea. Constitutional Law, Plea. Michael A. Bergeron for the defendant. Kelly-Anne DeFao, Assistant District Attorney, for the Commonwealth. Before a judge of the District Court, the defendant, Baker, entered a plea of guilty to a charge of […]
MOORE v. SLATTERY, 65 Mass. App. Ct. 1104 (2005)
PHILIP MOORE vs. WILLIAM H. SLATTERY another. No. 05-P-13.Appeals Court of Massachusetts. November 21, 2005. Decision Pursuant to Rule 1:28. Judgment affirmed.