702 N.E.2d 57 MICHAEL A. BROWN vs. EMILE S. BISHARA ANOTHER. No. 97-P-1387.Appeals Court of Massachusetts. October 23, 1998. Order denying motion to vacate judgment affirmed.
Category: Massachusetts Appellate Court Opinions
COMMONWEALTH v. MANNING, 47 Mass. App. Ct. 923 (1999)
714 N.E.2d 843 COMMONWEALTH v. JULIUS MANNING No. 97-P-1090.Appeals Court of Massachusetts. August 18, 1999. Evidence, Judicial discretion, Impeachment of credibility, Prior conviction. Witness, Impeachment. Karen Elizabeth Morth for the defendant. Dean Mazzone, Assistant District Attorney, for the Commonwealth. The defendant appeals from conviction of armed robbery, G.L.c. 265, § 17, and assault and battery […]
ESSEX CO. v. GOLDMAN, 357 Mass. 427 (1970)
258 N.E.2d 526 ESSEX COMPANY vs. BENJAMIN B. GOLDMAN, trustee, others. Supreme Judicial Court of Massachusetts. Essex.February 5, 1970. May 5, 1970. Present: SPALDING, KIRK, SPIEGEL, REARDON, JJ. Real Property, Covenant running with the land, “Mill power.” Equity Pleading and Practice, Declaratory proceeding, Decree, Damages. Land Court, Jurisdiction, Damages. A covenant to pay a water […]
COMMONWEALTH v. VARNEY, 391 Mass. 34 (1984)
461 N.E.2d 177 COMMONWEALTH vs. DONALD VARNEY. Supreme Judicial Court of Massachusetts. Suffolk.October 5, 1983. February 1, 1984. Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, JJ. Constitutional Law, Search and seizure. Search and Seizure, Package, Glassine bag. Controlled Substances. Practice, Criminal, Argument by prosecutor. Where employees of an air freight company, prompted by safety concerns, opened […]
COMMONWEALTH v. HENRIQUEZ, 56 Mass. App. Ct. 775 (2002)
780 N.E.2d 118 COMMONWEALTH vs. CARLOS HENRIQUEZ. No. 01-P-1085.Appeals Court of Massachusetts. Hampden.October 15, 2002. December 18, 2002. Present: Jacobs, Cowin, Kafker, JJ. Rape. Indecent Assault and Battery. Obscenity, Child pornography. Practice, Criminal, Sentence. This court vacated the sentence that a Superior Court judge imposed on a criminal defendant after accepting his plea of guilty […]
CONWELL v. COVELL, 53 Mass. App. Ct. 1117 (2002)
762 N.E.2d 919 SANDRA CONWELL v. PAUL J. COVELL, trustee, others. No. 00-P-84.Appeals Court of Massachusetts. February 15, 2002. Judgment affirmed.
COMMONWEALTH v. CARTER, 423 Mass. 506 (1996)
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 […]
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 […]