669 N.E.2d 203 COMMONWEALTH vs. JOHN J. CARTER Supreme Judicial Court of Massachusetts. Hampden.March 6, 1996. August 13, 1996. Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, GREANEY, JJ. Judge. Practice, Criminal, Substitution of judge. Assistance of counsel, Capital case. In the circumstances of a criminal trial, during which the trial judge became seriously ill and could […]
Category: Massachusetts Appellate Court Opinions
SPEIDEL’S CASE, 24 Mass. App. Ct. 1109 (1987)
509 N.E.2d 1224 RICHARD SPEIDEL’S CASE. Appeals Court of Massachusetts. July 1, 1987. Judgment affirmed.
BERMAN v. MASSACHUSETTS BUILDING TRUST., 332 Mass. 114 (1954)
123 N.E.2d 388 JOSEPH BERMAN vs. MASSACHUSETTS BUILDING TRUST another. Supreme Judicial Court of Massachusetts. Suffolk.December 7, 1954. December 29, 1954. Present: QUA, C.J., RONAN, WILKINS, SPALDING, WILLIAMS, JJ. Snow and Ice. Negligence, One owning or controlling real estate, Snow and ice. Evidence failed to show that a patch of ice upon a public sidewalk […]
COMMONWEALTH v. BENJAMIN, 399 Mass. 220 (1987)
503 N.E.2d 660 COMMONWEALTH vs. ROBERT BENJAMIN. Supreme Judicial Court of Massachusetts. Suffolk.November 4, 1986. February 12, 1987. Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, O’CONNOR, JJ. Evidence, Admissions and confessions. Practice, Criminal, Argument by prosecutor, Instructions to jury. Homicide. Felony-Murder Rule. The record in a murder case warranted the conclusion beyond a reasonable doubt that […]
SAMPSON v. LYNN, 405 Mass. 29 (1989)
537 N.E.2d 588 STANLEY M. SAMPSON, administrator[1] , vs. CITY OF LYNN others[2] . Supreme Judicial Court of Massachusetts. Suffolk.February 6, 1989. May 4, 1989. [1] Of the estate of S. Michael Sampson. [2] Joseph A. DeCicco, Gary DeCicco, and Midland Hotel Corp. Judgment against Joseph A. DeCicco was entered in the sum of $963,000, […]
COMMONWEALTH v. DACRUZ, 76 Mass. App. Ct. 1112 (2010)
925 N.E.2d 566 COMMONWEALTH v. ELVIS DACRUZ. No. 08-P-1337.Appeals Court of Massachusetts. February 12, 2010. Decisions Pursuant To Rule 1:28. Judgments reversed. Verdicts set aside. Matter remanded for further proceedings consistent with the memorandum and order of the Appeals Court.
PEACE v. PEACE, 362 Mass. 536 (1972)
288 N.E.2d 602 MYRTLE PATRICIA MADISON PEACE vs. WAYNE PEACE. Supreme Judicial Court of Massachusetts. Hampden.October 5, 1972. October 24, 1972. Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, KAPLAN, JJ. Divorce, Jurisdiction. Jurisdiction, Divorce. Probate Court, Rehearing. Where a wife resident in Massachusetts less than seven months brought a libel for divorce alleging a cause of […]
O’DONNELL v. DOWNEY, 66 Mass. App. Ct. 1107 (2006)
MICHAEL J. O’DONNELL others v. MARY O’DONNELL DOWNEY, individually and as trustee, another (and a companion case). No. 05-P-511.Appeals Court of Massachusetts. May 16, 2006. Decisions Pursuant to Rule 1:28. Amended judgment affirmed.
CLARKE v. CLARKE, 3 Mass. App. Ct. 736 (1975)
326 N.E.2d 722 FREDERICK CLARKE vs. JANET CLARKE. Appeals Court of Massachusetts. April 18, 1975. The wife appeals from decrees of a Probate Court dismissing her petition for separate support and giving custody of their minor children to her husband on a petition for custody brought by him. The case comes here with the judge’s […]
DOTEN v. DOTEN, 395 Mass. 135 (1985)
479 N.E.2d 132 PATTI Z. DOTEN vs. BRUCE E. DOTEN. Supreme Judicial Court of Massachusetts. Plymouth.March 8, 1985. June 10, 1985. Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, JJ. Practice, Civil, Appeal, Default. Rules of Appellate Procedure, Assembly of record. Divorce and Separation, Default, Notice. Notice. The judge in a divorce case did not abuse his […]
CUSTODY OF JOAN, 29 Mass. App. Ct. 1109 (1990)
561 N.E.2d 535 CUSTODY OF JOAN others (and a companion case). No. 90-P-376.Appeals Court of Massachusetts. October 18, 1990. Judgments affirmed.
COMMONWEALTH v. EDDINGTON, 405 Mass. 1201 (1989)
COMMONWEALTH vs. ROY EDDINGTON. Supreme Judicial Court of Massachusetts. June 9, 1989 Further appellate review denied: Reported below: 27 Mass. App. Ct. 1407 (1989).
COMMONWEALTH v. McCARTHY, 281 Mass. 253 (1932)
183 N.E. 495 COMMONWEALTH vs. JOHN W. McCARTHY. SAME vs. SAME. Supreme Judicial Court of Massachusetts. Essex.October 3, 1932. December 13, 1932. Present: RUGG, C.J., CROSBY, WAIT, DONAHUE, LUMMUS, JJ. Municipal Corporations, Officers and agents, Corrupt practices. Evidence, Remoteness, Of bias. Practice, Criminal, Sentence. Words, “Political purpose.” A verdict of guilty was warranted at the […]
THE NATIONAL SHAWMUT BANK OF BOSTON v. WASSERMAN, 342 Mass. 777 (1961)
173 N.E.2d 927 THE NATIONAL SHAWMUT BANK OF BOSTON others vs. HARRY I. WASSERMAN others. Supreme Judicial Court of Massachusetts. April 3, 1961. Order denying jury issues affirmed. The sole issue before us is the testamentary capacity of the testator at the time of the execution of his will on July 9, 1958. The expected […]
DWYER v. PICCICUTO, 25 Mass. App. Ct. 910 (1987)
515 N.E.2d 596 RALPH E. DWYER another[1] vs. RICHARD PICCICUTO another.[2] No. 86-584.Appeals Court of Massachusetts. November 23, 1987. [1] Linda L. Rex. [2] RMP, Corporation. Summary Process, Appeal. Practice, Civil, Summary process, Appeal, Affidavit. Evidence, Prima facie evidence. District Court, Appeal to Superior Court. Richard M. Howland for the defendants. Benjamin A. Barnes for […]
COMMONWEALTH v. MARCHANT, 435 Mass. 1105 (2001)
759 N.E.2d 328 COMMONWEALTH vs. ANTHONY P. MARCHANT. Supreme Judicial Court of Massachusetts. November 1, 2001. Further appellate review denied: Reported below: 52 Mass. App. Ct. 1109 (2001). Mme. Justice Cowin did not participate.
CHRISTIAN v. COMMONWEALTH, 446 Mass. 1003 (2006)
PAUL CHRISTIAN v. COMMONWEALTH. Supreme Judicial Court of Massachusetts. March 14, 2006. Supreme Judicial Court, Appeal from order of single justice. Practice, Criminal, Sentence. Paul Christian appeals from a judgment of the county court denying relief under G. L. c. 211, § 3. We affirm the judgment. In 1997, Christian was convicted of two indictments […]
NICKERSON v. HUTTINGER, 78 Mass. App. Ct. 1106 (2010)
936 N.E.2d 451 MARK D. NICKERSON another v. RICHARD L. HUTTINGER others. No. 09-P-1849.Appeals Court of Massachusetts. November 1, 2010. Decisions Pursuant to Rule 1:28. Judgment affirmed.
COMMONWEALTH v. FLETCHER, 71 Mass. App. Ct. 1124 (2008)
886 N.E.2d 125 COMMONWEALTH v. DENNIS FLETCHER. No. 07-P-1110.Appeals Court of Massachusetts. May 12, 2008. Decisions Pursuant to Rule 1:28. Order dated June 13, 2007, denying motion for new trial affirmed.
SECRETARY OF ADM. v. LABOR RELATIONS, 434 Mass. 340 (2001)
749 N.E.2d 137 SECRETARY OF ADMINISTRATION AND FINANCE vs. LABOR RELATIONS COMMISSION. (AND A COMPANION CASE). SJC-08458Supreme Judicial Court of Massachusetts. Suffolk.May 8, 2001. June 15, 2001. Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, Cordy, JJ. Damages, Back pay, Interest. Interest. Administrative Law, Agency’s authority. Labor, Unfair labor practice. Commonwealth, Claim against, Collective bargaining. […]