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18 Jul 2017, 6:54 am by Daniel Cappetta
The Court stated, “Although we acknowledge and appreciate the important and special role of the drug court in achieving important public policy interests, we are constrained to follow the clear dictates of G.L. c.211D and S.J.C. [read post]
28 Apr 2017, 7:10 am by Karsner & Meehan, P.C.
The trial court agreed with the estate’s argument that this fell under the exception found in G.L. c. 258 § 10(j), which states that sovereign immunity does not apply when there is negligent maintenance of public property. [read post]
1 Aug 2017, 6:54 am by Daniel Cappetta
Pursuant to G.L. c.279, §27, the effect of such a sentence is that ‘the sentence then being served in the jail or house of correction is terminated and the prisoner is “discharged at the expiration of his [State prison] sentence. [read post]
26 Nov 2013, 2:12 am by Michael DelSignore
College or university police officers are appointed as special State police officers under a Massachusetts statute (G.L. c. 22C, § 63) that grants them the same authority to make arrests as regular police officers for any criminal offense within their jurisdiction. [read post]
15 Aug 2013, 6:38 am by Joy Waltemath
The complaint asserted claims for breach of contract, quantum meruit and violations of the Wage Act, G.L. c. 149, Secs, 148, 150. [read post]
4 May 2009, 11:00 am
Ford’s second highest paid employee in 2008 was Mark Fields, Executive Vice President and President of Operations in America G.L. [read post]
6 Aug 2015, 6:37 am by Samuel Goldberg
The factors the court will consider at the dangerousness hearing are: the nature and seriousness of the danger posed to a person or the community; the nature and circumstances of the alleged offense; the potential penalty the defendant faces if convicted; the defendant’s history of mental illness; the defendant’s reputation; the risk that the defendant will obstruct justice or intimidate witnesses; the defendant’s record of convictions; whether the alleged acts involve… [read post]
20 Feb 2016, 11:41 am by Daniel Cappetta
Claiming an inviolable statutory right to tender a defendant-capped plea on the day of trial,” Charbonneau sought relief from the single justice of the SJC, pursuant to G.L. c.211, §3. [read post]
28 Feb 2021, 7:20 am by The Law Office of James K. Meehan
The appellate court felt that this statement could be considered under Massachusetts G.L. c. 233 § 65. [read post]
8 Apr 2016, 9:09 am by Daniel Cappetta
The Middlesex District Attorney’s office argues that pursuant to G.L. c. 211E, § 3(a)(1), as interpreted by the SJC in a case decided twenty-two years ago, the authority to impose a sentence below a mandatory minimum does not go into effect until the Legislature enacts into law the sentencing guidelines recommended by the Sentencing Commission. [read post]
25 Jul 2020, 10:56 am by Daniel Cappetta
For example, the probation order could incorporate or borrow from the definitions of child pornography … set out in G.L. c.272, §29C, or 18 U.S.C. [read post]
25 Jul 2015, 11:37 am by Daniel Cappetta
While he was in held in custody, the Commonwealth filed a sexually dangerous person petition, pursuant to G.L. c.123A, §12. [read post]
17 Dec 2008, 6:40 pm
This was so, because under G.L. c. 175, § 112, an insurer can avoid liability only if it can show that the delayed notice actually prejudiced its interests. [read post]
28 Sep 2007, 12:53 pm by Robert Wood
  Not even in the context of civil restraining orders issued to protect people from domestic violence under G.L. c. 290A is the prohibition of "contact" understood in such a strictly formalistic manner. [read post]