absence of a statutory requirement (Massachusetts) · Go Syfert
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absence of a statutory requirement in Massachusetts

9 Massachusetts opinions name it 3 courts 1982–2009 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.

Followed or applied (11)

CaseFollowedCited
Morton Buildings, Inc. v. Commissioner of Revenuegreen
massappct · 1997 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009And the principles of interpretation of tax statutes preclude us from “engrafting such language on the statute as written.” See Morton Bldgs., Inc. v Commissioner of Revenue, 43 Mass. App. Ct. 441, 446 (1997). 23 Decision of the Appellate Tax Board reversed.

11
O'Reilly's Casegreen
mass · 1929 · cited in 1 Massachusetts opinions naming this issue, 2007–2007
1 sentence

2007O’Reilly’s Case, 265 Mass. 456, 458 (1929).

11
Commonwealth v. Albert A.green
massappct · 2000 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002See Commonwealth v. Hason, 27 Mass. App. Ct. 840, 843 (1989), and cases cited; Commonwealth v. Albert A., 49 Mass. App. Ct. 269, 271 (2000).

11
Commonwealth v. Frairegreen
massappct · 2002 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
2 sentences

2002The judge indicated only that the motion was being allowed “in the interest of justice.” We have repeatedly held that “in the absence of a statutory requirement, a defendant need not be informed of the collateral consequences of a guilty plea.” Commonwealth v. Fraire, 55 Mass. App. Ct. 916, 917 (2002), and cases cited.

2002We have further noted that “the immigration ramifications [of a guilty plea] are one such collateral consequence.” Ibid.

11
Commonwealth v. Hasongreen
massappct · 1989 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002See Commonwealth v. Hason, 27 Mass. App. Ct. 840, 843 (1989), and cases cited; Commonwealth v. Albert A., 49 Mass. App. Ct. 269, 271 (2000).

11
Schubach v. Household Finance Corp.green
mass · 1978 · cited in 1 Massachusetts opinions naming this issue, 1996–1996
1 sentence

1996Schubach v. Household Finance Corp., 375 Mass. 133, 137-138 (1978).

11
Commonwealth v. LeBlancgreen
mass · 1990 · cited in 1 Massachusetts opinions naming this issue, 1993–1993
1 sentence

1993The Commonwealth acknowledges that a police officer’s authority is limited to the territorial boundaries of the governmental unit which appoints him, barring a statutory exception, see Commonwealth v. LeBlanc, 407 Mass. 70, 73 (1990); that the most commonly cited statutory exception is not here applicable 3 ; and that, in the absence of a statutory exception, “[w]hen a police officer makes a warrantless arrest outside of his jurisdiction ... he acts as a private citizen . . . .” Commonwealth v. Grise, 398 Mass. 247, 250 (1986).

11
Commonwealth v. Owensgreen
mass · 1993 · cited in 1 Massachusetts opinions naming this issue, 1993–1993
1 sentence

1993See Commonwealth v. Owens, 414 Mass. 595, 599 (1993).

11
Commonwealth v. Grisegreen
mass · 1986 · cited in 1 Massachusetts opinions naming this issue, 1993–1993
1 sentence

1993The Commonwealth acknowledges that a police officer’s authority is limited to the territorial boundaries of the governmental unit which appoints him, barring a statutory exception, see Commonwealth v. LeBlanc, 407 Mass. 70, 73 (1990); that the most commonly cited statutory exception is not here applicable 3 ; and that, in the absence of a statutory exception, “[w]hen a police officer makes a warrantless arrest outside of his jurisdiction ... he acts as a private citizen . . . .” Commonwealth v. Grise, 398 Mass. 247, 250 (1986).

11
Reid v. Acting Commissioner of the Department of Community Affairsgreen
mass · 1972 · cited in 1 Massachusetts opinions naming this issue, 1988–1988
1 sentence

1988Similarly, the legislative nature of the findings by the local authorities and the EOCD, see, e.g., Reid v. Acting Comm’r of the Dep’t of Community Affairs, 362 Mass. 136, 143 (1972), and the absence of a statutory requirement that the EOCD explain its findings, see G.

11
Farrell v. Mayor of Reveregreen
mass · 1940 · cited in 1 Massachusetts opinions naming this issue, 1982–1982
1 sentence

1982To the extent that Farrell v. Mayor of Revere, 306 Mass. 221, 225 (1940), may be inconsistent with our conclusion, we decline to follow it. 9 Although, in the absence of a statutory requirement, we would not impose a general requirement that a certain number of agency members must hear the testimony or read the transcript of a regulatory proceeding, affected parties are entitled, nevertheless, to procedural due process.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
C & M CONSTRUCTION CO. v. Commonwealth green
mass · 1985
1 sentence

1987Co. v. Commonwealth, 396 Mass. 390 (1985), where the court, in the absence of a statutory waiver of immunity, denied post-judgment interest against the Commonwealth.

11987–1987

Where else courts name it

TX 27 (1936–2025) CA 26 (1941–2023) NY 24 (1907–2025) CT 16 (1942–2026) PA 14 (1957–2020) IL 9 (1888–2017) MA 9 (1982–2009) NC 9 (1967–2005) NJ 8 (1950–2014) MD 8 (1962–2002) OR 8 (1954–2017) OH 7 (1921–2006) ND 7 (1986–2016) FL 5 (1931–2013) MN 5 (1921–2025) ME 5 (1934–2014) VA 5 (1968–2024) NM 5 (1981–2012) AL 5 (1982–2016) OK 5 (1926–1957) MI 5 (1955–2009) WV 4 (1980–1992) MO 4 (1906–1998) CO 4 (1975–2013) GA 3 (1936–1999) IA 3 (1982–2014) IN 3 (1962–2015) WY 3 (1999–2007) AZ 3 (1914–1991) KY 3 (1941–2024) MS 3 (1951–1983) NE 3 (1901–1910) MT 2 (1997–2019) AR 2 (2008–2010) DC 2 (1960–1999) UT 2 (2013–2016) WA 2 (1919–1985) KS 2 (1899–1913) NH 2 (1988–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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