Flynn v. Warner, 654 N.E.2d 926 (Mass. 1995). · Go Syfert
Flynn v. Warner, 654 N.E.2d 926 (Mass. 1995). Cases Citing This Book View Copy Cite
“the only route available to obtain review of a g. l. c. 209a district court order is to seek relief from a single justice of this court and then, if necessary, from the full court on appeal”
10 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Zullo v. Goguen (mass, 1996-11-04)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Zullo v. Goguen
Mass. · 1996 · signal: see · quote attribution · 1 verbatim quote · confidence high
the only route available to obtain review of a g. l. c. 209a district court order is to seek relief from a single justice of this court and then, if necessary, from the full court on appeal
discussed Cited as authority (quoted) R.G. v. C.f.-M.
Mass. App. Ct. · 2017 · signal: cf. · quote attribution · 1 verbatim quote · confidence low
there is no statutory or constitutional requirement that a g. l. c. 209a complainant's affidavit be served with the order
discussed Cited as authority (rule) McDonough
Mass. · 2010 · confidence medium
Nevertheless, this court has “wide discretion in devising various procedures for the course of appeals in different classes of cases.” Zullo v. Goguen, 423 Mass. 679, 681 (1996), quoting Flynn v. Warner, 421 Mass. 1002, 1003 (1995).
discussed Cited as authority (rule) Brantley v. Hampden Division of the Probate & Family Court Department
Mass. · 2010 · confidence medium
Auth., 453 Mass. 614, 625-627 (2009) (same); Commonwealth v. Given, 441 Mass. 741, 746-748 , cert, denied, 543 U.S. 948 (2004) (same); Coveil v. Department of Social Servs., 439 Mass. 766, 788 (2003) (use of prior complaint of child victim at department hearing at which child not present to testify); Flynn v. Warner, 421 Mass. 1002, 1003 (1995) (child’s statement without objection in mother’s application for abuse prevention order); Szymkowski v. Szymkowski, 57 Mass. App. Ct 284, 289 (2003) (factual content of department report).
discussed Cited as authority (rule) Fabre v. Walton
Mass. · 2002 · confidence medium
“This court has ‘wide discretion in devising various procedures for the course of appeals in different classes of cases.’ ” Zullo v. Goguen, 423 Mass. 679, 681 (1996), quoting Flynn v. Warner, 421 Mass. 1002, 1003 (1995).
discussed Cited as authority (rule) Larkin v. Ayer Division of District Court Department
Mass. · 1997 · confidence medium
L. c. 209A, § l. 2 Contrast Flynn v. Warner, 421 Mass. 1002, 1003 (1995) (father told son to use plastic sword to slit throats of complainant mother and her attorney).
cited Cited "see" O'BRIEN v. Borowski
Mass. · 2012 · signal: see · confidence high
See Flynn v. Warner, 421 Mass. 1002 (1995); Callahan v. Boston Mun.
discussed Cited "see" Commonwealth v. Munafo
Mass. App. Ct. · 1998 · signal: see · confidence high
See Flynn v. Warner, 421 Mass. 1002 (1995) (no prejudice because judge gave Flynn the opportunity to read 209A affidavit). “[A] party may not ‘shut his eyes to the means of knowledge which he knows are at hand, and thereby escape the consequences which would flow from the notice if it had actually been received.’ ” Commonwealth v. Delaney, supra at 592 , quoting from Commonwealth v. Olivo, 369 Mass. 62, 69 (1975).
Retrieving the full opinion text from the archive…
Patrick Henry Flynn
v.
Lenna L. Warner & another
Massachusetts Supreme Judicial Court.
Sep 8, 1995.
654 N.E.2d 926
The case was submitted on briefs., Patrick Henry Flynn, pro se., Laurence M. Johnson for Lenna L. Warner.
Cited by 8 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Massachusetts Appeals Court (1)

The plaintiff (Flynn) unsuccessfully sought relief from a single justice of this court under G. L. c. 211, § 3 (1994 ed.), from an order entered in the District Court pursuant to G. L. c. 209A (1994 ed.). Flynn makes three arguments in his initial brief, on appeal from a judgment denying relief. We do not consider new arguments belatedly raised in Flynn’s reply brief. The standard is whether the single justice committed an error of law or abuse of discretion in denying relief. Brossard v. West Roxbury Div. of the Dist. Court Dep’t, 417 Mass. 183, 184 (1994). We affirm.

1. Flynn argues that the affidavit in support of the issuance of the complaint should have been but was not served on him with the G. L. c. 209A order. There is no statutory or constitutional requirement that a G. L. c. 209A complainant’s affidavit be served with the order. The record shows that at the District Court hearing Flynn did not raise any constitutionally-based objection to the lack of service of the affidavit and that, in any event, because the judge permitted Flynn to read the affidavit on his request, Flynn was not prejudiced. See Frizado v. Frizado, 420 Mass. 592, 597-598 (1995); Mahoney v. Commonwealth, 415 Mass. 278, 287 (1993).

2. Flynn, briefly and inadequately (see Mass. R. A. P. 16 [a] [4], as amended, 367 Mass. 921 [1975]), asserts a denial of his constitutional rights to due process and equal protection of the laws under the State and Federal Constitutions because G. L. c. 209A does not provide a convenient[*1003] avenue of appeal. Until there is a legislative change the only route available to obtain review of a G. L. c. 209A District Court order is to seek relief from a single justice of this court and then, if necessary, from the full court on appeal. See Frizado v. Frizado, supra at 593. The prospects of obtaining timely relief from an unlawful G. L. c. 209A order through a complaint under G. L. c. 211, § 3, are at least as good as they would be if relief were available by an appeal to a panel of an appellate court. Flynn cites no authority to support his claim that the avenue of appellate relief available to him denies him equal protection of the laws. The Legislature and this court have wide discretion in devising various procedures for the course of appeals in different classes of cases.

The case was submitted on briefs. Patrick Henry Flynn, pro se. Laurence M. Johnson for Lenna L. Warner.

3. Flynn argues that the judge should not have relied on hearsay statements attributed to his son by the complainant, Flynn’s former wife. In his initial brief to this court, Flynn does not challenge the suEciency of the evidence to warrant a finding of abuse, if the judge properly could rely on the child’s statements. The evidence warranted a finding that the complainant was in fear of imminent serious physical harm. G. L. c. 209A, §§ 1, 7. See Commonwealth v. Gordon, 407 Mass. 340, 349 (1990). The young son told her, immediately on return from a visit with Flynn, that his father had given him the toy sword that he was carrying and that his father had said that he should use it to slit his mother’s throat and that of her attorney. Flynn did not object to the admission of the hearsay statements, nor did he seek to have them struck. In any event, “the rules of evidence need not be followed, provided that there is fairness in what evidence is admitted and relied on.” Frizado v. Frizado, supra at 597-598. The judge could conclude in his discretion that the circumstances in which the child made the statements supported their reliability. The judge thus was warranted in considering the child’s statements, along with the other evidence.

Judgment of the single justice affirmed.