White v. White, 40 Mass.App.Ct. 132 (1996)

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• White v. White, 40 Mass.App.Ct. 132 (1996)

  Failure to Object The father did not object to the judge permitting the witness to testify in private. [ 2]  "Ordinarily, a party is not entitled to present an argument on appeal on an issue not presented in the court below." Atlas Tack Corp. v. ...

• Kelly v. Kelly, 50 Mass.App.Ct. 1101 (2000)

   Generally, a party may not present an argument on appeal that has not been presented in the trial court. White v. White,  40 Mass.App.Ct. 132, 133 (1996); Liacos, Massachusetts Evidence §3.8.1 (7th ed. 1999) ("Failure  to object to offered evidence ...

• Commonwealth v. Mimless, 760 N.E.2d 762, 53 Mass.App.Ct. 534 (2002)

  “A thirty-four page bar chart depicting the hours the defendant billed Medicaid each day was used as a chalk at trial. "A judge . . . has `considerable, but not unrestrained, discretion as to the degree to which chalks can be used.'" Commonwealth v. ...

• Cesso v. Cesso, 950 N.E.2d 906, 79 Mass.App.Ct. 1131 (2011)

  Video can be used asa chalk -  “Even where a videotape has been characterized as a " chalk," and thus is not evidence in the strict sense, we have viewed it in resolving issues on appeal. See Commonwealth v. Shea, 38 Mass.App.Ct.7,11,13 (1995). The ...

• Commonwealth v. Yuri Y., 957 N.E.2d 1132, 81 Mass.App.Ct. 1102 (2011)

  “The authenticity of a photograph is a preliminary question of fact for resolution by the trial judge, Commonwealth v.. Figueroa, 56 Mass.App.Ct. 641, 646 (2002), and, the judge's preliminary determination concerning authenticity is conclusive unless ...