judge absent clear error in Massachusetts

2025The father argues that the judge erred in finding (i) that there was no evidence to corroborate his belief that Vijay was sexually abused; (ii) that the father brought Vijay to multiple doctors seeking treatment for sexual abuse; and (iii) that the father lacked housing stability "throughout the pendency of the case." "We do not substitute our judgment of the evidence for the subsidiary findings of the judge absent clear error." Mason v. Coleman, 447 Mass. 177, 186 (2006).

2018We do not substitute our judgment of the evidence for the subsidiary findings of the judge absent clear error or a firm conviction that a mistake has been committed." Mason v. Coleman , 447 Mass. 177 , 186 (2006) (quotations omitted).

2012The judge denied the motion to suppress, concluding that, while the defendant was under the influence of drugs during the interview, “there was nothing in the defendant’s demeanor or his responses which would indicate that his level of intoxication was so severe as to render his statements involuntary.” “We review the judge’s conclusion under the familiar standard used in reviewing a motion to suppress: we accept as true the subsidiary findings of fact made by the judge absent clear error, but make our own independent determination on the judge’s ‘application of constitutional principles to th

2012Commonwealth v. Peters, 453 Mass. 818, 822-823 (2009) (Peters).

2025See Smith v. Jones, 69 Mass. App. Ct. 400, 404 (2007) ("As in other contexts where cases center on the best interests of the child, we will not disturb the judge's findings or substitute our judgment for that of the trial judge absent clear error").

2025"A finding is clearly erroneous when there is no evidence to support it, or when, 'although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.'" Custody of Eleanor, 414 Mass. at 799 , quoting Building Inspector of Lancaster v. Sanderson, 372 Mass. 157, 160 (1977).

2009We review the judge’s conclusion under the familiar standard used in reviewing a motion to suppress: we accept as true the subsidiary findings of fact made by the judge absent clear error, but make our own independent determination on the judge’s “application of constitutional principles to the facts as found.” Commonwealth v. Stoute, 422 Mass. 782 , 783 n.1 (1996), quoting Commonwealth v. Haas, 373 Mass. 545, 550 (1977), S.C., 398 Mass. 806 (1986).

2006We do not substitute our judgment of the evidence for the subsidiary findings of the judge absent clear error, see G.E.B. v. S.R.W., 422 Mass. 158, 172 (1996), quoting Commonwealth v. Willis, 415 Mass. 814, 821-822 (1993) (Liacos, C.J., dissenting), or a “firm conviction that a mistake has been committed,” New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671, 675 (1977).

2006We do not substitute our judgment of the evidence for the subsidiary findings of the judge absent clear error, see G.E.B. v. S.R.W., 422 Mass. 158, 172 (1996), quoting Commonwealth v. Willis, 415 Mass. 814, 821-822 (1993) (Liacos, C.J., dissenting), or a “firm conviction that a mistake has been committed,” New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671, 675 (1977).

2006We do not substitute our judgment of the evidence for the subsidiary findings of the judge absent clear error, see G.E.B. v. S.R.W., 422 Mass. 158, 172 (1996), quoting Commonwealth v. Willis, 415 Mass. 814, 821-822 (1993) (Liacos, C.J., dissenting), or a “firm conviction that a mistake has been committed,” New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671, 675 (1977).

1981Commonwealth v. White, 374 Mass. 132, 137 (1977) , aff’d, 439 U.S. 280 (1978).