judge may consider factors (Massachusetts) · Go Syfert
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judge may consider factors in Massachusetts

9 Massachusetts opinions name it 2 courts 1987–2026 3 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 (9)

CaseFollowedCited
Commonwealth v. Ferrarogreen
mass · 1997 · cited in 2 Massachusetts opinions naming this issue, 2010–2012
2 sentences

2012In deciding a motion to sever, a judge may consider factors such as the time and place of the charged offenses, see Commonwealth v. Delaney, supra; the presence of factual similarities suggesting a common modus operandi, see Commonwealth v. Ferraro, 424 Mass. 87, 89-90 (1997); 6 and whether evidence in the trial of one offense would be admissible in the separate trial of another, see, e.g., Commonwealth v. Feijoo, supra at 494 .

2010See Commonwealth v. Ferraro, 424 Mass. 87, 89-90 (1997); Commonwealth v. Delaney, 425 Mass. 587, 594 (1997), cert, denied, 522 U.S. 1058 (1998); Commonwealth v. Wilson, 427 Mass. 336, 345 (1998); Commonwealth v. Pillai, supra. “Offenses are related if ‘the evidence in its totality shows a common scheme and pattern of operation that tends to prove’ each of the complaints.” Ibid., quoting from Commonwealth v. Feijoo, 419 Mass. 486, 494-495 (1995).

22
Commonwealth v. Feijoogreen
mass · 1995 · cited in 2 Massachusetts opinions naming this issue, 2010–2012
2 sentences

2012In deciding a motion to sever, a judge may consider factors such as the time and place of the charged offenses, see Commonwealth v. Delaney, supra; the presence of factual similarities suggesting a common modus operandi, see Commonwealth v. Ferraro, 424 Mass. 87, 89-90 (1997); 6 and whether evidence in the trial of one offense would be admissible in the separate trial of another, see, e.g., Commonwealth v. Feijoo, supra at 494 .

2010See Commonwealth v. Ferraro, 424 Mass. 87, 89-90 (1997); Commonwealth v. Delaney, 425 Mass. 587, 594 (1997), cert, denied, 522 U.S. 1058 (1998); Commonwealth v. Wilson, 427 Mass. 336, 345 (1998); Commonwealth v. Pillai, supra. “Offenses are related if ‘the evidence in its totality shows a common scheme and pattern of operation that tends to prove’ each of the complaints.” Ibid., quoting from Commonwealth v. Feijoo, 419 Mass. 486, 494-495 (1995).

12
Commonwealth v. Delaneygreen
mass · 1997 · cited in 2 Massachusetts opinions naming this issue, 2010–2012
2 sentences

2012In deciding a motion to sever, a judge may consider factors such as the time and place of the charged offenses, see Commonwealth v. Delaney, supra; the presence of factual similarities suggesting a common modus operandi, see Commonwealth v. Ferraro, 424 Mass. 87, 89-90 (1997); 6 and whether evidence in the trial of one offense would be admissible in the separate trial of another, see, e.g., Commonwealth v. Feijoo, supra at 494 .

2010See Commonwealth v. Ferraro, 424 Mass. 87, 89-90 (1997); Commonwealth v. Delaney, 425 Mass. 587, 594 (1997), cert, denied, 522 U.S. 1058 (1998); Commonwealth v. Wilson, 427 Mass. 336, 345 (1998); Commonwealth v. Pillai, supra. “Offenses are related if ‘the evidence in its totality shows a common scheme and pattern of operation that tends to prove’ each of the complaints.” Ibid., quoting from Commonwealth v. Feijoo, 419 Mass. 486, 494-495 (1995).

12
O'Meara v. Dohertygreen
massappct · 2002 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025See id. at 605-606 .

11
Iamele v. Asselingreen
mass · 2005 · cited in 1 Massachusetts opinions naming this issue, 2022–2022
1 sentence

2022Rather, "an extension is warranted if 'there is a continued need for the order because the damage resulting from that physical harm [or sexual assault] affects the victim even when further physical attack [or sexual assault] is not reasonably imminent.'" Vera V., 98 Mass. App. Ct. at 317, quoting Callahan v. Callahan, 85 Mass. App. Ct. 369, 374 (2014). "[T]he judge must make a discerning appraisal of the continued need for [a harassment] prevention order to protect the plaintiff from the impact of the violence already inflicted." Callahan, supra. Page 258 The judge may consider such factors as

11
Callahan v. Callahangreen
massappct · 2014 · cited in 1 Massachusetts opinions naming this issue, 2022–2022
2 sentences

2022Rather, "an extension is warranted if 'there is a continued need for the order because the damage resulting from that physical harm [or sexual assault] affects the victim even when further physical attack [or sexual assault] is not reasonably imminent.'" Vera V., 98 Mass. App. Ct. at 317, quoting Callahan v. Callahan, 85 Mass. App. Ct. 369, 374 (2014). "[T]he judge must make a discerning appraisal of the continued need for [a harassment] prevention order to protect the plaintiff from the impact of the violence already inflicted." Callahan, supra. Page 258 The judge may consider such factors as

2022Rather, "an extension is warranted if 'there is a continued need for the order because the damage resulting from that physical harm [or sexual assault] affects the victim even when further physical attack [or sexual assault] is not reasonably imminent.'" Vera V., 98 Mass. App. Ct. at 317, quoting Callahan v. Callahan, 85 Mass. App. Ct. 369, 374 (2014). "[T]he judge must make a discerning appraisal of the continued need for [a harassment] prevention order to protect the plaintiff from the impact of the violence already inflicted." Callahan, supra. Page 258 The judge may consider such factors as

11
Rosenberg v. Meridagreen
mass · 1998 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., Mason M., supra at 671 (although guidelines were not strictly applicable to calculation of support order, judge “was correct to consider the fact that the father had a responsibility to support his marital children”); Rosenberg v. Merida, 428 Mass. 182, 187 (1998) (determining whether and how to apply credit for noncustodial parent’s Social Security disability income dependency benefits where guidelines do not provide “a definitive answer”).

11
Commonwealth v. Wilsongreen
mass · 1998 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010See Commonwealth v. Ferraro, 424 Mass. 87, 89-90 (1997); Commonwealth v. Delaney, 425 Mass. 587, 594 (1997), cert, denied, 522 U.S. 1058 (1998); Commonwealth v. Wilson, 427 Mass. 336, 345 (1998); Commonwealth v. Pillai, supra. “Offenses are related if ‘the evidence in its totality shows a common scheme and pattern of operation that tends to prove’ each of the complaints.” Ibid., quoting from Commonwealth v. Feijoo, 419 Mass. 486, 494-495 (1995).

11
Bowring v. Reidgreen
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 1988–1988
2 sentences

1988The rationale for the decision must appear in the judgment either explicitly or by clear implication, and the mere listing of findings, even if detailed, is not enough.” Bowring v. Reid, 399 Mass. 265, 267-268 (1987).

1988The rationale for the decision must appear in the judgment either explicitly or by clear implication, and the mere listing of findings, even if detailed, is not enough." Bowring v. Reid, 399 Mass. 265, 267-268 (1987).

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 (6)

CaseCitedYears
Commonwealth v. Calvaire green
mass · 2017
1 sentence

2026In determining whether to open this "safety valve," "the judge may consider factors that are not relevant to the statutory computation." Calvaire, supra at 247 . 3 G.

12026–2026
Rodriquez v. Batcheller green
scotus · 1998
1 sentence

2010See Commonwealth v. Ferraro, 424 Mass. 87, 89-90 (1997); Commonwealth v. Delaney, 425 Mass. 587, 594 (1997), cert, denied, 522 U.S. 1058 (1998); Commonwealth v. Wilson, 427 Mass. 336, 345 (1998); Commonwealth v. Pillai, supra. “Offenses are related if ‘the evidence in its totality shows a common scheme and pattern of operation that tends to prove’ each of the complaints.” Ibid., quoting from Commonwealth v. Feijoo, 419 Mass. 486, 494-495 (1995).

12010–2010
Commonwealth v. Pillai green
mass · 2005
1 sentence

2010See Commonwealth v. Ferraro, 424 Mass. 87, 89-90 (1997); Commonwealth v. Delaney, 425 Mass. 587, 594 (1997), cert, denied, 522 U.S. 1058 (1998); Commonwealth v. Wilson, 427 Mass. 336, 345 (1998); Commonwealth v. Pillai, supra. “Offenses are related if ‘the evidence in its totality shows a common scheme and pattern of operation that tends to prove’ each of the complaints.” Ibid., quoting from Commonwealth v. Feijoo, 419 Mass. 486, 494-495 (1995).

12010–2010
C.M. v. P.R. green
mass · 1995
1 sentence

1999The court does suggest, ante at 829, that a judge may consider the factors set out in this court’s decision in C.C. v. A.B., 406 Mass. 679 (1990), but the facts of that case were very similar to the facts in C.M. v. P.R., 420 Mass. 220 (1995), which this court does not view as presenting a de facto parenthood situation.

11999–1999
Cc v. Ab green
mass · 1990
2 sentences

1999For example, in C.C. v. A.B., 406 Mass. 679 (1990), we held that a man could maintain a paternity action under G.

1999The court does suggest, ante at 829, that a judge may consider the factors set out in this court’s decision in C.C. v. A.B., 406 Mass. 679 (1990), but the facts of that case were very similar to the facts in C.M. v. P.R., 420 Mass. 220 (1995), which this court does not view as presenting a de facto parenthood situation.

11999–1999
Rice v. Rice green
mass · 1977
1 sentence

1987Rice, supra at 401 .

11987–1987

Where else courts name it

MA 9 (1987–2026) NJ 2 (2009–2009)

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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