Section 28. A defendant aggrieved by a judgment of the district court or of the superior court in any criminal proceeding may appeal therefrom to the supreme judicial court.
Notes of Decisions
Cited in 23
cases (1 in the last 5 years), 1925–2026 · leading case: Commonwealth v. Bruneau, 36 N.E.3d 3 (Mass. 2015).
Commonwealth v. Bruneau, 36 N.E.3d 3 (Mass. 2015). · cites it 11דWe are asked in this case to determine whether a defendant who has been found not guilty of murder in the second degree by reason of mental illness may appeal from his conviction pursuant to G. L. c. 278, § 28, or, whether, as the Commonwealth contends, the sole avenue by which…”
Commonwealth v. Angiulo, 615 N.E.2d 155 (Mass. 1993). · cites it 2דAfter sentencing, the judge advised the defendant of his right to appeal citing G.L.c. 278, § 28 (1990 ed.). The defendant's appeal originally was entered in the Appeals Court.”
Commonwealth v. Marinho, 981 N.E.2d 648 (Mass. 2013). “G. L. c. 278, § 28. See Commonwealth v. Cowie, 404 Mass.”
Commonwealth v. Hernandez, 118 N.E.3d 107 (Mass. 2019). “, G. L. c. 278, § 28 (authorizing appeal by persons aggrieved by judgment of District or Superior Court); G.”
Pires v. Commonwealth, 370 N.E.2d 1365 (Mass. 1977). “, G. L. c. 278, §§ 28,31; c. 211A, § 10. Where, as in the present situation, the Superior Court trial has not been made subject to the more commonly employed procedure provided by G.”
Foxworth v. St. Amand, 929 N.E.2d 286 (Mass. 2010). “G. L. c. 278, § 28. With one exception not relevant here, the Appeals Court and this court share concurrent jurisdiction over criminal appeals.”
Mann v. Commonwealth, 271 N.E.2d 331 (Mass. 1971). “Whether the validity of the Superior Court sentence may be challenged by a writ of error when the petitioner has not perfected an appeal under G. L. c. 278, § 28, or G. L. c. 278, §§ 33A-33G.”
Commonwealth v. Berney, 233 N.E.2d 739 (Mass. 1968). · cites it 2דThe appeals are under G. L. c. 278, § 28, which provides, so far as material, that “A defendant aggrieved by a judgment of the superior court founded upon matter of law apparent upon the record in any criminal proceeding .”
Commonwealth v. Friend, 470 N.E.2d 788 (Mass. 1984). “, G. L. c. 278, § 28 (Ter. Ed. 1932); *313 G.”
Commonwealth v. Frank, 680 N.E.2d 67 (Mass. 1997). “In that motion, the defendant claimed that he had been denied effective assistance of counsel because his counsel had failed to raise the defense that he was not responsible for his actions toward his stepdaughter because of posttraumatic stress.”
Commonwealth v. Landry, 376 N.E.2d 1243 (Mass. App. Ct. 1978). “His appeal under G. L. c. 278, § 28, brings us only "matter[s] of law apparent upon the record.”
Commonwealth v. Swist, 644 N.E.2d 650 (Mass. App. Ct. 1995). “founded upon matter of law apparent upon the record” and, therefore, not properly before the court on direct appeal pursuant to G. L. c. 278, § 28, as then in effect and later incorporated into the rules of appellate procedure.”
Chin Kee v. Commonwealth, 235 N.E.2d 787 (Mass. 1968). “3 G. L. c. 278, § 28. Notwithstanding the general rule and the statutory provisions, this court has considered constitutional issues raised by pleas in abatement.”
Charpentier v. Commonwealth, 379 N.E.2d 1067 (Mass. 1978). “Under G. L. c. 278, § 28, for example, a criminal defendant may appeal from a judgment of the Superior Court based on a matter of law apparent on the record.”
Commonwealth v. Wainio, 305 N.E.2d 867 (Mass. App. Ct. 1974). “” The defendant was found guilty and sentenced following a jury waived trial and has appealed under G. L. c. 278, § 28. We assume in his favor (although it is by no means clear from the record) that the arguments now presented to us were also presented to the Superior Court.”
Commonwealth v. Chapman, 317 N.E.2d 830 (Mass. App. Ct. 1974). “273, § 14) raises anything but factual issues not within the scope of an appeal under G. L. c. 278, § 28. Guerin v. Commonwealth, 337 Mass.”
Commonwealth v. Hesser, 307 N.E.2d 10 (Mass. App. Ct. 1974). “131, § 8), where he was again convicted, and (3) has now appealed to this court under G. L. c. 278, § 28. The meager “record” within the meaning of said § 28 consists of the original complaint, the record of conviction in the Municipal Court, and a transcript of the docket…”
Commonwealth v. Lane, 149 N.E. 663 (Mass. 1925). “G. L. c. 278 § 28. All questions of law sought to be presented thereby were raised by the exceptions and have been considered.”
DeMatos v. Commonwealth, 33 N.E.3d 421 (Mass. 2015). · cites it 4דThe first judgment concerns a document that DeMatos filed in the county court entitled a “petition for appeal to [the] Supreme Judicial Court pursuant to [G. L. c. 278, § 28].” The second judgment concerns a petition that DeMatos subsequently filed in the county court pursuant…”
Commonwealth v. Abramson, 180 N.E.2d 325 (Mass. 1962). “G. L. c. 278, § 28. The appeal is not properly here, for it is not from a “judgment .”
Commonwealth v. Hesser, 302 N.E.2d 927 (Mass. App. Ct. 1973). “This appeal under G. L. c. 278, § 28, brings to us nothing but the docket entries, which indicate that the defendant was fined five dollars for a “parking violation.”
Pierce (Mass. 2026). “250, §§ 1-2, 9-13], and the limited 'appeal' from a judgment of the Superior Court based on a 'matter of law apparent upon the record' [former G. L. c. 278, § 28,] are superseded by an appeal under these rules .”
Commonwealth v. Gangemi, 475 N.E.2d 1247 (Mass. App. Ct. 1985). “The parties have argued the propriety of the judge’s rulings in their briefs, apparently unmindful that both rulings are purely interlocutory and that neither is presently appealable under G. L. c. 278, § 28 or § 28E, as appearing in St.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.