related doctrine in Massachusetts

2026A hearing examiner "has discretion . . . to consider which statutory and regulatory factors are applicable and how much weight to ascribe to each factor . . . ." Doe, Sex Offender Registry Bd. No. 22188 v. Sex Offender Registry Bd., 96 Mass. App. Ct. 738 , 742 (2019) (Doe No. 22188), quoting Doe No. 68549, 470 Mass. at 109-110 .

2026We follow the rule that "[i]n the absence of a statutory directive to the contrary, the administrative remedies should be exhausted before resort to the courts" (quotation omitted), id. at 57-58 , because "when a party neglects to raise an issue during agency proceedings, the reviewing court lacks a record on which to evaluate questions of statutory authority or jurisdiction." Id. at 58 . 5 To the extent it can be considered a separate argument, the plaintiff's related claim that the examiner erred in weighing the high-risk and risk-elevating factors against the risk- mitigating factors is als

2026We follow the rule that "[i]n the absence of a statutory directive to the contrary, the administrative remedies should be exhausted before resort to the courts" (quotation omitted), id. at 57-58 , because "when a party neglects to raise an issue during agency proceedings, the reviewing court lacks a record on which to evaluate questions of statutory authority or jurisdiction." Id. at 58 . 5 To the extent it can be considered a separate argument, the plaintiff's related claim that the examiner erred in weighing the high-risk and risk-elevating factors against the risk- mitigating factors is als

2026We note that, in responding to the defendant's Miranda argument, the Commonwealth contends in part that suppression is not required because the evidence was not obtained by exploitation of any tainted statements by the defendant but instead was obtained through "an independent source," namely, "the dog hit on the glove box." The Commonwealth's brief makes no argument under the independent source doctrine with respect to the repeated searches of the defendant's person, and the Commonwealth did not raise any argument before the motion judge under either the independent source doctrine, cf. Commo

2021Servs., LLC v. Cudd Pressure Control, Inc., N.W.2d , 2021 ND 12 , ¶¶ 17–21, 2021 WL 99733 , at *4–*5 (N.D. 2021) (where party leased modules to be used only for employee housing at specified location, duty to pay rent was discharged by frustration of purpose when city annexed the property and its ordinances barred such workforce housing); Restatement § 265, supra, comment a, illustration 4 (where business rented neon signs to advertise in windows, duty to pay rent would be discharged by frustration of purpose if new regulation prohibits lighting of such signs). -5- Frustration of purpose has s

2018Prosecutors may argue "based on the evidence and on inferences that may reasonably be drawn from the evidence." Commonwealth v. Kozec , 399 Mass. 514 , 516, 505 N.E.2d 519 (1987). 4 The telephone calls were made between 5:57 p.m. and 6:44 p.m. , providing strong circumstantial evidence that the defendant returned to the victim's apartment on the evening of the victim's death, after Hernandez had left for the last time. 5 The defendant's related claim that it was a violation of due process for the prosecutor to exploit the absence of evidence that was excluded at her request is also unavailing.

2018Prosecutors may argue "based on the evidence and on inferences that may reasonably be drawn from the evidence." Commonwealth v. Kozec , 399 Mass. 514 , 516, 505 N.E.2d 519 (1987). 4 The telephone calls were made between 5:57 p.m. and 6:44 p.m. , providing strong circumstantial evidence that the defendant returned to the victim's apartment on the evening of the victim's death, after Hernandez had left for the last time. 5 The defendant's related claim that it was a violation of due process for the prosecutor to exploit the absence of evidence that was excluded at her request is also unavailing.

2012“Collateral estoppel, like the related doctrine of res judicata, has the dual purpose of protecting litigants from the burden of relitigating an identical issue with the same party or his privy and of promoting judicial economy by preventing needless litigation.” Parklane Hosiery, 436 U.S. at 328, citing Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313, 328-29 . 2 Collateral estoppel bars the relitigation of an issue when: “(1) the issue is identical to one in a prior adjudication; (2) there was a final judgment on the merits in the prior proceeding; (3) the

2012Our decision in Commonwealth v. Buckman, 461 Mass. 24 (2011), cert. denied, 132 S. Ct. 2781 (2012) (Buckman), does not support the defendant’s related claim, in reliance on that case, that the chart was erroneously admitted.

2012In Buckman, supra at 34 , we said that “the fact of, but not the details of, an inconclusive test result may be admitted to show the extent of the police investigation.” Although the chart in question here contained “details of” the inconclusive test results, in that it identified certain alleles present in the DNA obtained from the wire, these are not the type of details to which our decision in Buckman was directed.

2012Our decision in Commonwealth v. Buckman, 461 Mass. 24 (2011), cert. denied, 132 S. Ct. 2781 (2012) (Buckman), does not support the defendant’s related claim, in reliance on that case, that the chart was erroneously admitted.

2001Co. v. Commonwealth, 11 Mass. App. Ct. 640, 647 (1981), S.C., 385 Mass. 1005 (1982), which also stated the related principle that “persons who deal with a governmental agency must take notice of limitations upon that agency’s contracting power and cannot recover upon a contract which oversteps those limitations.” White Constr.

2000A related doctrine — that a party, including a criminal defendant, is not permitted to raise an issue before the trial judge on a specific theory and then present that issue to an appellate court on a different theory, Commonwealth v. Phoenix, 409 Mass. 408 , 415-416 n.4 (1991); Commonwealth v. Rivera, 425 Mass. 633, 636-637 (1997); Commonwealth v. Silva, 431 Mass. 401, 405 (2000) — underscores the defendant’s waiver of the self-incrimination issue.

1996We believe that this additional evidence, if pressed at trial, “would not likely have influenced the jury’s conclusion that, at the time of the killing, the defendant had the mens rea necessary for a conviction of deliberately premeditated murder in the first degree.” Commonwealth v. Parker, supra at 247 . 1 Accordingly, we reject this claim as well as the related claim that Robbins should be allowed the opportunity to conduct further discovery and be granted an evidentiary hearing to consider further the effectiveness of trial counsel.