Kelly v. O'NEIL (1973)

green · 55 citation events across 5 courts. Showing the 34 strongest citers on record (one row per citing case, strongest signal kept).

All Green 34

Treatment trajectory · 1973 → 2026 · click a year to view the case as of then

197319992026

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green Genova v. Genova (1990)

Rule Authority · Mass. App. Ct. · 6 citations in this opinion

Indeed, even had the report been his, made on the basis of facts furnished to him by witnesses, it would have been excluded for the reasons explicated in Kelly v. O'Neil, 1 Mass. App. Ct. 313, 316-317 (1973).

green Wiik v. Rathore (1986)

Rule Authority · Mass. App. Ct. · 2 citations in this opinion

See Wingate v. Emery Air Freight Corp., 385 Mass. 402, 409 (1982) (concurring opinion); Kelly v. O’Neil, 1 Mass. App. Ct. 313, 317 (1973).

green Wingate v. Emery Air Freight Corp. (1982)

Rule Authority · Mass. · 2 citations in this opinion

See G.L.c. 231, § 119; Bouchie v. Murray, 376 Mass. 524, 530 (1978); Kelly v. O'Neil, 1 Mass. App. Ct. 313, 317 (1973).

green Julian v. Randazzo (1980)

Rule Authority · Mass. · signal: cf. · 2 citations in this opinion

Cf. Kelly v. O’Neil, 1 Mass. App. Ct. 313, 317 (1973).

green Commonwealth v. Jewett (2004)

Rule Authority · Mass.

It is however, DNA viable should we want to do that.” See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316 (1973) (hearsay statements in police accident report made by third parties to investigating officer not admissible).

hearsay statements in police accident report made by third parties to investigating officer not admissible

green Azran v. Potter (1996)

Rule Authority · Mass. Dist. Ct., App. Div.

Commonwealth v. Hussey, 14 Mass. App. Ct. 1015, 1016 (1982); Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316 (1973).

green American Policy Holders Insurance v. Nyacol Products, Inc. (1995)

Rule Authority · Mass. Super. Ct.

Amory v. Commonwealth, 321 Mass. 240, 252-53 (1947); Kelly v. O’Neil, 1 Mass.App.Ct. 313, 317-19 (1973).

green Fahey v. R.J. Reynolds Tobacco Co. (1995)

Rule Authority · Mass. Super. Ct.

Id. §8.13.1 at 506 (citing Kelly v. O’Neil, 1 Mass.App.Ct. 313, 319 (1973)).

green Doyle v. Dong (1991)

Rule Authority · Mass. App. Ct.

Finally, and perhaps most significantly, the jury took with them into their deliberations the Children’s hospital record, a written document with an “[inherent] aura of officialdom,” see Kelly v. O’Neil, 1 Mass. App. Ct. 313, 317 (1973), which they could study.

green Merisme v. Board of Appeals on Motor Vehicle Liability Policies & Bonds (1989)

Quote Authority · Mass. App. Ct. · signal: see

See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 317 (1973) (“A [business] record admissible under that exception may not contain second level hearsay”).

“A [business] record admissible under that exception may not contain second level hearsay”

green Adoption of George (1989)

Rule Authority · Mass. App. Ct.

It is a characteristic of elements of the service plans, case reviews, and assessments that they incorporate reported material supplied by other agency personnel, thus raising the problem of second level hearsay discussed in Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973).

green Commonwealth v. Trapp (1985)

Rule Authority · Mass.

Whether such disciplinary reports ought to be viewed as merely business records in light of the “aura of officialdom inherent in the report[s] and apparent on [their] face,” Kelly v. O’Neil, 1 Mass. App. Ct. 313, 317 (1973) (police reports), or treated with greater skepticism in a criminal case, we leave to another day.

police reports

green Commonwealth v. Fudge (1985)

Rule Authority · Mass. App. Ct.

Trooper Smith’s list, prepared from and offered to prove the truth of statements of the Munceys, was “second level” or “totem pole” hearsay and inadmissible, Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973).

green Commonwealth v. LeCain (1985)

Rule Authority · Mass. App. Ct.

See also Commonwealth v. DeBrosky, 363 Mass. 718 , 725 n.6 (1973); Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973). 2.

green Tosti v. Ayik (1985)

Rule Authority · Mass.

See Wingate v. Emery Air Freight Corp., 385 Mass. 402, 406 (1982) (“The preparer’s hearsay sources must carry the same indicia of reliability, arising from regularity and business motives, that bring his own act of recording the information within the statutory exception”); Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316 (1973) (second level of hearsay inadmissible under G.

second level of hearsay inadmissible under G. L. c. 233, § 78

green Building Inspector v. Kendrick (1983)

Rule Authority · Mass. App. Ct.

Compare Amory v. Commonwealth, 321 Mass. 240, 252-253 (1947); Kelly v. O’Neil, 1 Mass. App. Ct. 313, 319 (1973).

green Wingate v. Emery Air Freight Corp. (1981)

Rule Authority · Mass. App. Ct.

Kelly v. O’Neil, 1 Mass. App. Ct. 313, 315-317 (1973).

green Calvanese v. WW Babcock Co., Inc. (1980)

Rule Authority · Mass. App. Ct. · signal: cf.

Cf. Kelly v. O’Neil, 1 Mass. App. Ct. 313, 315-317 (1973).

green Commonwealth v. Kenneally (1980)

Rule Authority · Mass. App. Ct.

Kelly v. O’Neil, 1 Mass. App. Ct. 313, 314-317 (1973).

green Commonwealth v. Alves (1978)

Rule Authority · Mass. App. Ct.

Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973).

green Commonwealth v. Happnie (1975)

Rule Authority · Mass. App. Ct.

Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973).

green Commonwealth v. Ennis (1974)

Rule Authority · Mass. App. Ct.

However, we are of the opinion that the judge did not abuse his discretion in the case before us in excluding diagnostic opinions and other statements which posed problems of multiple level hearsay (see Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316 [1973]) and required expert testimony to be properly understood by a jury.

green Irwin v. Town of Ware (1984)

Cited · Mass. · signal: see · 2 citations in this opinion

See Kelley v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973), and cases cited.

green Bouchie v. Murray (1978)

Cited · Mass. · signal: see · 2 citations in this opinion

See Kelly v. O'Neil, 1 Mass. App. Ct. 313, 316-317 (1973); Juaire v. Nardin, 395 F.2d 373, 379 (2d Cir.), cert. denied sub nom.

green Commonwealth v. Dingle (2008)

Cited · Mass. App. Ct. · signal: see

See Kelley v. O’Neil, 1 Mass. App. Ct. 313, 316 (1973) (second level of hearsay appearing in a police officer’s report is not admissible).

second level of hearsay appearing in a police officer’s report is not admissible

green Commonwealth v. Phinney (2006)

Cited · Mass. · signal: see

See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316 (1973) (statements to police officer contained in police report not inadmissible hearsay if not offered for “truth of the matters”); P.J.

green Sklar v. Beth Israel Deaconess Medical Center (2003)

Cited · Mass. App. Ct. · signal: see

See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 318-319 (1973); Building Inspector of Chatham v. Kendrick, 17 Mass. App. Ct. 928, 929-930 (1983).

green Sidney Binder, Inc. v. Jewelers Mutual Insurance (1990)

Cited (see also) · Mass. App. Ct. · signal: see also

See also Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973).

green Commonwealth v. Walker (1982)

Cited · Mass. App. Ct. · signal: see

See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973).

green Commonwealth v. Wilson (1981)

Cited · Mass. App. Ct. · signal: see

See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973).

green Commonwealth v. Meech (1980)

Cited · Mass. · signal: see

See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973); Johnson v. Lutz, 253 N.Y. 124, 127-129 (1930). 11 Under the heading “Hearsay Exceptions; Declarant Unavailable,” Fed.

green Commonwealth v. Walker (1979)

Cited · Mass. · signal: see

See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 316-317 (1973); Cf. Bouchie v. Murray, 376 Mass. 524, 528-530 (1978); Commonwealth v. Alves, 6 Mass. App. Ct. 572, 582-583 (1978); Commonwealth v. Happnie, 3 Mass. App. Ct. 193, 199 (1975).

green Reed v. Canada Dry Corp. (1977)

Cited (see also) · Mass. App. Ct. · signal: compare

Compare Kelly v. O’Neil, 1 Mass. App. Ct. 313, 315-316 (1973).

green Commonwealth v. DeBrosky (1973)

Cited · Mass. · signal: see

See Kelly v. O’Neil, Mass. App. Ct. ( 296 N.E. 2d 223 ); United States v. Burruss, 418 F. 2d 677, 678-679 (4th Cir.) ; McCormick, Evidence (2d ed.) § 310.