Where a Juvenile Court judge found a mother unfit, that conclusion must be reversed because the evidence does not support a conclusion that the child was at risk of serious harm. “… The judge relied, principally, on three categories of ...Read More »
Where a jury returned a verdict in favor of the plaintiff condominium unit owners, the trial judge committed no error in (1) denying the defendants’ request for judgment notwithstanding the verdict on the plaintiffs’ Massachusetts Civil Rights Act, civil conspiracy ...Read More »
Where (1) a defendant attests that the plea judge did not inform him that an admission to sufficient facts and a continuance without a finding (CWOF) might result in immigration consequences and (2) the “green sheet” supports that contention, the ...Read More »
Where a defendant’s trial counsel’s performance at trial was deficient, his convictions must nonetheless be affirmed because there has been no showing, in light of the overwhelming evidence of guilt, that better work might have accomplished something material for the ...
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Where a defendant challenges his convictions of armed robbery while masked, home invasion and kidnapping, those convictions must be affirmed despite his contentions that (1) the judge erred in not giving certain identification instructions to the jury; (2) his trial ...Read More »
Where a Probate & Family Court judge ruled against a plaintiff will contestant, the judgment must be affirmed because (1) the contestant’s evidence was insufficient to defeat the presumption that the testator had the requisite testamentary capacity to execute his ...
Tagged with: Testamentary capacityRead More »