14 results for 'judge:"Georges"'.
J. Georges affirms a decision granting a town’s motion for summary judgment against some of the town’s residents who brought suit against the town to compel it to transfer municipal land to its conservation commission. However, the disputed land is designated for affordable housing and cannot be used for another purpose unless the town’s select board determines it isn’t needed for affordable housing.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: January 5, 2024, Case #: SJC-13410, Categories: Municipal Law, Zoning, Housing
J. Georges affirms defendant’s convictions for murder and armed assault with the intent to rob because no judicial error was made that would make those convictions reversible. However, the defendants conviction of unlawful possession of ammunition is vacated because the jury was not instructed that licensure is an essential element of the crime.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: November 30, 2023, Case #: SJC-12166, Categories: Firearms, Murder, Assault
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J. Georges affirms a real estate company’s motion for summary judgment against a bereaved mother suing it for wrongful death and loss of consortium after her son was shot and killed outside property with a nightclub on it that the real estate company purchased. It is unreasonable to expect the company to have foreseen the shooting and to have protected the decedent from the shooter.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: August 16, 2023, Case #: SJC-13380, Categories: Real Estate, Premises Liability, Firearms
J. Georges affirms the defendant’s conviction for assault and battery by means of a dangerous weapon. While the victim’s girlfriend wished to recant her statements to police, which she claimed the victim pressured her to make, and her grand jury testimony, the admitted parts of her testimony qualify as hearsay exemptions to inconsistent statements previously made under oath.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: August 10, 2023, Case #: SJC-13383, Categories: Assault, Battery, Witnesses
J. Georges denies defendant's motion for a new trial, motion for an evidentiary hearing and motion for further discovery following his murder conviction. Defendant argues that his acquaintance's secret recordings should not have been presented to the jury, but warrantless secret recordings are allowed under certain conditions, which were present in this case. However, three of defendant's convictions of assault by means of a dangerous weapon must be vacated as duplicative. Affirmed in part.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: July 21, 2023, Case #: SJC-11668, Categories: Evidence, Fair Trial, Murder
J. Georges affirms Massachusetts’ conviction of the defendant for murder. The inclusion of testimony of other inmates who were persuaded to share what the defendant told them about the murder he was convicted of does not constitute a violation of his right to counsel because these inmates weren’t offered cooperation agreements until after they’d conversed with the defendant of their own volition.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: July 17, 2023, Case #: SJC-10079, Categories: Evidence, Fair Trial, Murder
J. Georges reverses the superior court's finding for the state department of transportation on a landowner's taking claim related to a 2018 easement for which the department refused to pay based on its contention it was only confirming its previously held rights under a 1991 easement. Contrary to the superior court's determination, the ordinary rules of interpretation for easements applies. Reversed.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: May 23, 2023, Case #: SJC-13300 , Categories: Constitution, Property
J. Georges finds no error in the conviction of defendant, who murdered his wife by blunt force trauma and strangulation. The evidence was sufficient and the judge did not abuse her discretion in admitting certain propensity evidence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: May 9, 2023, Case #: SJC-13022, Categories: Evidence, Murder