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  • defendant
  • Pursuant to Commonwealth v. McCarthy, 385 Mass. 160 (1982), the defendant moved to dismiss the indictment, arguing that there was no evidence presented to the grand jury showing that he used force or the threat of force against the victim. (masscases.com)
  • the defendant was not entitled as of right to further particulars stating minutiae of the alleged offence or disclosing all the material evidence upon which the Commonwealth intended to rely. (masscases.com)
  • No abuse of discretion at a criminal trial was shown in allowing a medical expert for the Commonwealth to testify as to matters forming part of its case in chief after the defendant had rested, or in allowing the District Attorney to put a leading question to a medical expert in direct examination. (masscases.com)
  • Commonwealth v. Vaden, 373 Mass. 397 , 400-401 [1977]) a tape recording may be admitted in evidence, a defendant, desiring to use for impeachment purposes a tape recorded in a District Court, may reasonably be required to have transcribed the relevant portion of the tape-recorded testimony. (masscases.com)
  • LYNCH, J. Convicted of murder in the first degree, the defendant, Roberto Medina, appeals from the denial of his motion for a new trial pursuant to Mass. R. Crim. (masscases.com)
  • The Commonwealth introduced as a witness John Waller, who was unable to read, write, or tell time, [Note who testified that he observed almost the entire altercation between the defendant and the victim. (masscases.com)
  • The single justice did not rule on the merits of the question of admissibility, but concluded that no curative instruction could adequately undo the harm to the Commonwealth that would accrue if the evidence was excluded, and, in the event of a conviction, the defendant could argue that the admission of the evidence was prejudicial error. (masscases.com)
  • The facts of this case have been previously stated in Commonwealth v. James, 424 Mass. 770 (1997), where we upheld similar convictions of two other defendants who participated with the defendant in the commission of the crimes. (masscases.com)
  • by reason of a display to the jury during part of the trial of three guns which had been marked for identification but not introduced as exhibits, were not contended by the Commonwealth, when challenged, to have relevance to the crimes charged, were struck on motion by the defendant, and were listed by the judge in his charge as items to be disregarded by the jury. (masscases.com)
  • Pursuant
  • The Sheriff was concerned that if a court ordered the Sheriff to hold an individual pursuant to an ICE detainer, the Sheriff would need to violate the Tenth and Fourteenth Amendments and sections of the Massachusetts Declaration of Rights. (clearinghouse.net)
  • from the single justice's denial of relief, pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). (masscases.com)
  • The Commonwealth sought relief from a single justice of this court pursuant to G. L. c. 211, s. 3, claiming that it would be unfairly prejudiced by the exclusion of the evidence because it relied on the judge's pretrial ruling and mentioned the evidence in its opening statement. (masscases.com)
  • Pursuant to a court order, the Commonwealth obtained a blood sample from Lanigan and submitted it to the Federal Bureau of Investigation (FBI) for DNA testing and comparison with DNA extracted from semen on the clothing of the rape complainant. (masscases.com)
  • 1980
  • Following review by this court, 380 Mass. 565 (1980), a motion for a new trial, filed on July 10, 1996, was heard by Vieri Volterra, J. (masscases.com)
  • witness
  • In the circumstances, a statement given to the police by one who at a subsequent criminal trial changed his plea to guilty and testified for the Commonwealth against codefendants was not improperly admitted in evidence when offered by the Commonwealth as bearing upon his credibility after the cross-examination of such witness during which the statement was used. (masscases.com)
  • There was no error at a criminal trial in refusing to strike the testimony of a witness for the Commonwealth on the ground that on cross and recross-examination he had "adopted answers different from those given on direct examination" where a reading of the evidence on recross-examination disclosed that he had not repudiated the evidence previously given by him. (masscases.com)
  • 1998
  • At the evidentiary hearing on the motion, the Commonwealth called as witnesses Detective Robert Canale of the North Adams police department, Kelly Carnevale of the Department of Social Services (department), and Rebecca Maria Garcia, a social worker who had been working with the Ostrander family since May of 1998. (masscases.com)
  • 1977
  • Although it is "the well established principle that the adequacy of the evidence presented to the grand jury cannot be tested by a motion to dismiss," Commonwealth v. Robinson, 373 Mass. 591 , 592 (1977), in the McCarthy case we carved out a very limited departure from this principle where no evidence of criminality was presented to the grand jury. (masscases.com)
  • evidence
  • In reconsidering her pretrial ruling, the trial judge held that the evidence was not admissible because the Commonwealth had not adequately linked the semen found in the back seat of the car to the murder that took place there, and excluded the testimony. (masscases.com)
  • The record of a juvenile transfer hearing demonstrated that the Commonwealth carried its burden of proving by the then applicable standard under G. L. c. 119, s. 61, of clear and convincing evidence that the juvenile was not amenable to rehabilitation within the juvenile justice system. (masscases.com)
  • Amendments
  • Furthermore, while respondents saw ICE detainers as raising serious constitutional concerns under the Fourth and Fourteenth Amendments, they also argued that Massachusetts state law does not authorize detention solely on the basis of an ICE detainer (if unsupported by a warrant or probable cause of civil removability). (clearinghouse.net)
  • After "settlement and approval" (with amendments by the Commonwealth), it became part of the record in the Appeals Court. (masscases.com)
  • Supreme Judic
  • On Feb. 8, 2017, petitioner filed this case in the Supreme Judicial Court of Massachusetts. (clearinghouse.net)
  • The Massachusetts Supreme Judicial Court on July 24, 2017 issued a ruling, holding that "Massachusetts law provides no authority for Massachusetts court officers to arrest and hold an individual solely on the basis of a Federal civil immigration detainer, beyond the time that the individual would otherwise be entitled to be released from State custody. (clearinghouse.net)
  • appeal
  • If the motion to dismiss is allowed, the Commonwealth has the right to appeal. (masscases.com)
  • The single justice concluded that the order of the Superior Court judge was the equivalent of the allowance of a motion to suppress and, hence, allowed the Commonwealth leave to appeal to the full court. (masscases.com)
  • behalf
  • On Mar. 20, 2017, counsel from the ACLU of Massachusetts, the ACLU's Immigrants' Rights Project, the Federal Immigration Appeals Project, criminal defense organizations, immigration law scholars, legal clinics at Harvard and Boston University, and private counsel, filed amicus briefs on behalf of plaintiff. (clearinghouse.net)
  • error
  • This was a complaint against the plaintiff in error for refusing to sell tickets for the transportation of pupils to and from the public schools at one half the regular fare charged by it, as required by Mass. Rev. Laws, chap. 112, ยง 72. (openjurist.org)
  • Services
  • The mission of the Massachusetts Department of Public Health (DPH) is to prevent illness, injury, and premature death, to assure access to high quality public health and health care services, and to promote wellness and health equity for all people in the Commonwealth. (simplyhired.com)
  • Represented by counsel at the National Immigrant Justice Center and the Committee for Public Counsel Services, petitioner sued the respondent Commonwealth of Massachusetts. (clearinghouse.net)
  • Commonwealth Print Services, a unit of the Operational Services Division, offers on-demand digital printing and copying using the latest in printing, document management technology, and recycled papers and earth-friendly inks. (mass.gov)
  • help
  • Would you like to provide additional feedback to help improve Mass.gov? (mass.gov)
  • facts
  • We summarize the facts in the light most favorable to the Commonwealth, reserving certain details for discussion in conjunction with the issues raised. (masscases.com)
  • site
  • If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. (mass.gov)
  • among
  • Massachusetts ranks among the healthiest of states according to comparative analyses, but we face numerous challenges, including chronic and infectious disease, substance abuse, violence, preventable hospitalizations, and health disparities. (simplyhired.com)