Legal Opinion

Samms v. Commonwealth

Massachusetts District Court, Appellate Division

Decided August 12, 1991Published

1Opinion of the CourtFumari, J.

This is a G. Le. 258A petition for statutory compensation brought on behalf of the minor, illegitimate children of Kevin Samms, the deceased victim of a violent crime.

Upon uncontroverted evidence, the trial court found that the children received support from and were visited by Kevin Samms, but at all times resided with their mother. The court properly ruled, therefore, that the children were ineligible for statutory compensation under G.Lc. 258A,§§l,3whichdefineaqualifying dependent as a “child... wholly or partially dependent for support upon andlivingwiththevictim at the time of his ...…

2Cases cited5 opinions

  1. Dickerson v. Attorney GeneralMassachusetts Supreme Judicial Court · 1986
  2. Landrum v. CommonwealthMassachusetts District Court, Appellate Division · 1981
  3. Smith v. CommonwealthMassachusetts District Court, Appellate Division · 1984
  4. Sweeney v. CommonwealthMassachusetts District Court, Appellate Division · 1989
  5. DiGregorio v. CommonwealthMassachusetts District Court, Appellate Division · 1990

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