Adoption of Seth

29 Citing cases

  1. In re Adoption of Norbert

    83 Mass. App. Ct. 542 (Mass. App. Ct. 2013)   Cited 26 times
    Deciding propriety of motion to recuse in context of judge's termination of parental rights

    We now turn to the mother's assertion that the judge impermissibly interfered with the conduct of the trial by participating—almost to the exclusion of the attorneys—in examination of the witnesses. Relying on Adoption of Seth, 29 Mass.App.Ct. 343, 350, 560 N.E.2d 708 (1990), the mother argues that the judge's conduct denied her the impartial justice to which she is entitled. There is no question that the judge assumed an active role and extensively questioned all the witnesses including the mother.

  2. In re Wendy

    82 Mass. App. Ct. 1102 (Mass. App. Ct. 2012)

    “It is established that an expert may ‘base an opinion on facts or data not in evidence if the facts or data are independently admissible and are a permissible basis for an expert to consider formulating an opinion.’ “ Adoption of Seth, 29 Mass.App.Ct. 343, 352 (1990), quoting from Department of Youth Servs. v. A Juvenile, 398 Mass. 516, 531 (1986). The testimony of Janice Stubelefield–Tave was predicated on her communications with the department's social worker, the mother, Wendy's day care provider, and Wendy.

  3. In re Adoption of Jermaine

    11-P-292 (Mass. Sep. 23, 2011)

    We recognize that a judge, who in these types of cases is the fact-finder, is entitled to question witnesses in order to obtain clarification or eliminate confusion. Adoption of Seth, 29 Mass. App. Ct. 343, 351 (1990). See Commonwealth v. Festa, 369 Mass. 419, 422-423 (1976); Commonwealth v. Hassey, 40 Mass. App. Ct. 806, 810 (1996).

  4. Commonwealth v. Farber

    10-P-826 (Mass. Aug. 2, 2011)

    We hold that the order was well within the judge's role in controlling the trial. See generally Adoption of Seth, 29 Mass. App. Ct. 343, 350 (1990). 4. Civil rights convictions.

  5. Viragh v. Foldes

    415 Mass. 96 (Mass. 1993)   Cited 15 times
    Finding "the Convention does not mandate any specific remedy when a noncustodial parent has established interference with rights of access"

    The transcript reveals that the judge was not biased toward either party, and that his questioning of Maria, and his decision to allow Maria, who did have a fluent command of English, broadly to answer questions, were justified and reasonable in the circumstances. See Adoption of Seth, 29 Mass. App. Ct. 343, 351 (1990). Finally, Gabor claims that the judge improperly admitted a Hungarian court document in evidence which was not translated by a certified translator.

  6. Adoption of Kimberly

    414 Mass. 526 (Mass. 1993)   Cited 95 times

    However, she asserts that, when the judge at the preliminary hearing stated that having children testify was his last preference, her counsel "understandably, fell silent." See Adoption of Seth, 29 Mass. App. Ct. 343, 350 (1990). She argues that her counsel's statement at the preliminary hearing, that he preferred that the children testify, should be interpreted as a continuing objection to the admission of Joyce's statements at trial.

  7. In re Brenna

    No. 23-P-538 (Mass. App. Ct. Jan. 11, 2024)

    The judge's comments did not demonstrate any impermissible bias requiring that she recuse herself from the case. See, e.g., Adoption of Seth, 29 Mass.App.Ct. 343, 350-351 (1990). The record does not indicate that the judge was improperly influenced by extrajudicial factors, but that she instead was commenting on information she had "acquired in court proceedings."

  8. In re Harrison

    No. 22-P-99 (Mass. App. Ct. Nov. 23, 2022)

    We do not find that the judge's questions and comments demonstrated any impermissible bias so as to violate due process. Cf. Adoption of Seth, 29 Mass.App.Ct. 343, 350-351 (1990).

  9. In re Bertram

    No. 21-P-1087 (Mass. App. Ct. Aug. 22, 2022)

    Therefore, although the judge aptly considered the mother's behavior during visitation, he did not have the requisite information to assess or to recognize her parenting capabilities in the ordinary context -- amidst the everyday stresses of life. See Adoption of Seth, 29 Mass.App.Ct. 343, 349 (1990) . His failure to do so does not undermine our confidence in the outcome of the case.

  10. In re Adoption of BEA

    97 Mass. App. Ct. 416 (Mass. App. Ct. 2020)   Cited 34 times

    We agree. See Adoption of Seth, 29 Mass. App. Ct. 343, 351-352, 560 N.E.2d 708 (1990). Nonetheless, the error in its admission did not prejudice the mother because the expert's testimony covered the substantive content of the report, and the judge solely relied on the expert's testimony in connection with the findings.