Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
5 Massachusetts opinions name it 3 courts 2001–2019 0 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Victory Distributors, Inc. v. Ayer Division of the District Court Departmentgreen2 sentences2019Court Dep't , 435 Mass. 136 , 143, 755 N.E.2d 273 (2001) ("Should [a prosecutor] decide to prosecute, neither a judge ... nor a clerk-magistrate may bar the prosecution, as long as the complaint is legally valid"); standard 3:00 of the Complaint Standards ("If the Attorney General's office or the [d]istrict [a]ttorney's office has decided to prosecute, a magistrate must authorize the requested complaint if supported by probable cause"). 2019Court Dep't , 435 Mass. 136 , 143, 755 N.E.2d 273 (2001) ("Should [a prosecutor] decide to prosecute, neither a judge ... nor a clerk-magistrate may bar the prosecution, as long as the complaint is legally valid"); standard 3:00 of the Complaint Standards ("If the Attorney General's office or the [d]istrict [a]ttorney's office has decided to prosecute, a magistrate must authorize the requested complaint if supported by probable cause"). | 1 | 2 |
Commonwealth v. Quispegreen1 sentence2001See, e.g., Commonwealth v. Quispe, 433 Mass. 508 , 511-512 & n.5 (2001). 9 Because Victory is not entitled to show cause hearings or to the issuance of criminal complaints, even though such complaints would be supported by probable cause, Victory cannot demonstrate a violation of any substantive right by the failure of the Ayer Division and the Marlborough Division of the District Court Department to hold probable cause hearings or to issue criminal complaints. | 1 | 1 |
Town of Reading v. Murraygreen2 sentences2001Questioning and cross-examination of witnesses shall proceed to the extent and manner determined appropriate by the judge or clerk-magistrate, provided, however, that a party shall not be denied the opportunity to present relevant evidence or cross-examine witnesses.” In Town of Reading v. Murray, 405 Mass. 415, 416 (1989), the court stated that “... if no representative of the citation-issuing authority had appeared at the clerk-magistrate hearing, dismissal for non-prosecution without right of appeal would be justified ....” Accordingly, the determination of the hearing judge is vacated and 2001Some judges, as Moughalian and now a majority of this panel reflect, view that absence as requiring a finding of “not responsible.” Others, likely focusing on the non-criminal character of motor vehicle appeals and the statutorily-created prima facie effect of the citation, have asked the appellant what he or she has to say about the circumstances that resulted in the issuance of the complaint Town of Reading v. Murray, 405 Mass. 415 (1989), cited here and in Moughalian , says only that the Town of Reading and the Commonwealth (as intervener) “concede that, if no representative of the citation | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. DiBennadetto
green
2 sentences2018Where a clerk-magistrate, as here, finds probable cause and issues a delinquency complaint against a juvenile, the juvenile may not seek a second show cause hearing before a judge; "the [juvenile's] remedy is a motion to dismiss the complaint." Commonwealth v. DiBennadetto , 436 Mass. 310 , 313, 764 N.E.2d 338 (2002). 2018Where a clerk-magistrate, as here, finds probable cause and issues a delinquency complaint against a juvenile, the juvenile may not seek a second show cause hearing before a judge; "the [juvenile's] remedy is a motion to dismiss the complaint." Commonwealth v. DiBennadetto , 436 Mass. 310 , 313, 764 N.E.2d 338 (2002). | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.