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 […]
Category: Massachusetts Appellate Court Opinions
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, […]
CORRADO v. DEPT. OF REVENUE, 56 Mass. App. Ct. 1115 (2002)
780 N.E.2d 157 JOSEPH CORRADO vs. DEPARTMENT OF REVENUE. No. 01-P-333.Appeals Court of Massachusetts. December 13, 2002. Judgment affirmed.
R.J.A. v. K.A.V., 34 Mass. App. Ct. 369 (1993)
611 N.E.2d 729 R.J.A. vs. K.A.V. another.[1] No. 91-P-963.Appeals Court of Massachusetts. Middlesex.December 9, 1992. April 23, 1993. [1] The former spouse of K.A.V., who is not a party to this appeal. Present: ARMSTRONG, BROWN, LAURENCE, JJ. Paternity. Practice, Civil, Standing, Appeal from interlocutory order. Probate Court, Paternity proceeding. In a proceeding in the Probate […]
DUPONT v. COMMISSIONERS OF ESSEX COUNTY, 46 Mass. App. Ct. 235 (1999)
704 N.E.2d 530 JOSEPH L. DUPONT others[1] vs. COMMISSIONERS OF ESSEX COUNTY another[2] ; DEUTSCH, WILLIAMS, BROOKS, DeRENSIS, HOLLAND AND DRACHMAN, P.C., third-party defendant. No. 97-P-1594.Appeals Court of Massachusetts. Essex.December 4, 1998. January 26, 1999. [1] Carl Cheever, James Fitzgerald, Henry Mello, Walter Wilson. [2] The treasurer of Essex County. Present: ARMSTRONG, KAPLAN, GILLERMAN, JJ. […]
BUCHANAN v. TORCHIA, 420 Mass. 1103 (1995)
CAROLE BUCHANAN. administratrix, vs. MICHELLE TORCHIA others. Supreme Judicial Court of Massachusetts. June 5, 1995 Further appellate review denied: Reported below: 38 Mass. App. Ct. 1116 (1995).
COMMONWEALTH v. DOUGLAS, 38 Mass. App. Ct. 1110 (1995)
646 N.E.2d 437 COMMONWEALTH vs. ROY E. DOUGLAS, JR. No. 94-P-896.Appeals Court of Massachusetts. February 22, 1995. Judgment affirmed.
COMMONWEALTH v. PEREIRA, 46 Mass. App. Ct. 1102 (1998)
705 N.E.2d 1177 COMMONWEALTH vs. JUDEX J. PEREIRA. No. 97-P-2316.Appeals Court of Massachusetts. December 10, 1998. The judgment on count B of the complaint is vacated and the matter is remanded to the District Court for resentencing on the lesser included offense of possession of marijuana. The convictions on counts C and D of the […]
McMURDO v. GETTER, 298 Mass. 363 (1937)
10 N.E.2d 139 RAYMOND McMURDO vs. JOHN R. GETTER another. Supreme Judicial Court of Massachusetts. Worcester.April 8, 1937. September 20, 1937. Present: RUGG, C.J., FIELD, DONAHUE, LUMMUS, QUA, JJ. Optometry. Constitutional Law, Police power. Agency. It is a proper exercise of the police power to regulate the practice of optometry on the basis that it […]
COMMONWEALTH v. HOWARD, 425 Mass. 1103 (1997)
682 N.E.2d 1361 COMMONWEALTH vs. RICHARD L. HOWARD. Supreme Judicial Court of Massachusetts. July 3, 1997 Further appellate review denied: Reported below: 42 Mass. App. Ct. 1118 (1997).
JOHNSON v. MOREAU, 323 Mass. 481 (1948)
82 N.E.2d 802 WILBUR D. JOHNSON, administrator, vs. AMEDEE MOREAU. Supreme Judicial Court of Massachusetts. Bristol.October 25, 1948. December 7, 1948. Present: QUA, C.J., LUMMUS, RONAN, WILKINS, WILLIAMS, JJ. Partnership, Dissolution. An offer, by one partner to his copartner, purporting to be made under provisions for dissolution in the partnership agreement, was revoked by the […]
STAR BREWING CO. v. HIGGINS, 248 Mass. 480 (1924)
143 N.E. 332 STAR BREWING COMPANY vs. FRANK J. HIGGINS, administrator. Supreme Judicial Court of Massachusetts. Suffolk.March 19, 1924. April 8, 1924. Present: RUGG, C.J., BRALEY, CROSBY, CARROLL, WAIT, JJ. Bills and Notes, What constitutes. Practice, Civil, Exceptions. An instrument, signed by an individual, by which he promised to pay to a corporation a certain […]
COMMONWEALTH v. AGUILAR, 452 Mass. 1101 (2008)
891 N.E.2d 237 COMMONWEALTH v. JAIME AGUILAR. Supreme Judicial Court of Massachusetts. July 8, 2008. Reported below: 71 Mass. App. Ct. 1125 (2008). Orders. Further appellate review denied:
COMMONWEALTH v. SALEMME, 11 Mass. App. Ct. 208 (1981)
416 N.E.2d 205 COMMONWEALTH vs. FRANCIS P. SALEMME. Appeals Court of Massachusetts. Middlesex.December 12, 1979. January 22, 1981. Present: BROWN, GREANEY, PERRETTA, JJ. Attorney at Law, Conflict of interest. Practice, Criminal, Assistance of counsel, Disclosure of evidence, Instructions to Jury. Assault. Reasonable Doubt. At the trial of a defendant on charges arising from a bombing […]
WYATT v. BOSTON SCHOOL COMMITTEE, 423 Mass. 1103 (1996)
DAVID JAMES WYATT vs. BOSTON SCHOOL COMMITTEE. Supreme Judicial Court of Massachusetts. July 8, 1996 Further appellate review denied: Reported below: 40 Mass. App. Ct. 1118 (1996).