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Massachusetts Appeals Court

By adamg - 9/14/21 - 12:43 pm

The Massachusetts Appeals Court ruled today that Boston police officers did nothing wrong when they searched a man walking through Dorchester's Clam Point early one morning right after a nearby gas station had been robbed at gunpoint, so prosecutors can use the gun the officers found in his backpack as evidence against him. Read more.

By adamg - 9/14/21 - 11:33 am

The Massachusetts Appeals Court ruled today that BPD gang-unit members didn't have enough reason to order a teen sitting in a Columbia Road barbershop to stand up for a pat frisk, which revealed he had a gun in his pants. Read more.

By adamg - 8/18/21 - 11:09 am

The Massachusetts Appeals Court ruled today a three-story mixed-use extension to buildings along Hereford Street are OK despite what it said some glaring errors by a lower-court judge and the city Zoning Board of Appeal, because the project complies with the neighborhood's groundwater zoning. Read more.

By adamg - 7/19/21 - 10:37 am

The Massachusetts Appeals Court ruled today that State Police can't withhold documents from a man just because he's serving a life sentence without parole for a 2012 murder. Read more.

By adamg - 7/7/21 - 11:35 am

The Massachusetts Appeals Court ruled today that the state can decide whether to force the owners of condos at Commercial Wharf to abandon the wharf space they now use for parking, because they never received a formal state license to use the waterfront land for stowing cars. Read more.

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By adamg - 6/14/21 - 12:08 pm

The Massachusetts Appeals Court today cleared the way for a Mattapan man to face trial on charges he stabbed a woman in the leg and stole her purse in 2018, ruling that his arrest not long after by two Boston detectives who spotted the bus he was riding up Blue Hill Avenue was constitutional. Read more.

By adamg - 5/13/21 - 11:32 am

The Massachusetts Appeals Court agreed today that the owners of the Glass Slipper, a Combat Zone holdover on Lagrange Street, made the club a bad place for Blacks to work, but dismissed a state finding that a Black bouncer was fired because of his race, because the man's formal complaint never explicitly said he was fired for that reason. Read more.

By adamg - 5/7/21 - 11:19 am

The Massachusetts Appeals Court ruled today prosecutors can't use the cocaine found in a man's car as evidence against him because the state trooper who initially stopped the man just off Rte. 1A in Lynn spent way too long asking him questions that had nothing to do with his failure to signal for a left turn. Read more.

By adamg - 3/22/21 - 10:46 am

The Massachusetts Appeals Court ruled today that a judge improperly dismissed an inmate's disciplinary appeal because she decided the statute of limitations started when an official denied the inmate's appeal, not when the inmate received notice of that, several days later. Read more.

By adamg - 3/15/21 - 12:11 pm

A man convicted of second-degree murder for the death of somebody standing at a bar in Quincy in 2015 will get a new trial after the Massachusetts Appeals Court ruled the prosecutor in the case asked him improper rhetorical questions during the trial and then went too far in calling him a "bully" several times during his closing arguments. Read more.

By adamg - 2/21/21 - 3:49 pm

A divided Massachusetts Appeals Court ruled Friday that a Boston police officer had probable cause to stop a teenager at the Mildred Hailey complex in Jamaica Plain on Nov. 1, 2018 and have her frisked, which means the gun found on her can be used to try to convince a Juvenile Court judge she is guilty of being delinquent for possession of an unlawful firearm. Read more.

By adamg - 2/2/21 - 11:00 am

The Massachusetts Court of Appeals today upheld a six-month jail sentence for Jennifer Garvey, convicted on two counts of assault and battery for pepper-spraying a woman in the eyes at close range and beating her with a baton after the woman tried to comfort another woman who'd been reported as drunk on a bus at the then Dudley T stop in 2014. Read more.

By adamg - 11/20/20 - 11:22 am

The Massachusetts Appeals Court today upheld a man's conviction for exposing himself to an undercover cop, ruling that wearing a badge doesn't shield police officers from the same feelings of shock anyone else might experience when confronted close up with something unwelcome, such as a stranger's penis on a near-deserted street corner. Read more.

By adamg - 11/5/20 - 10:54 am

The Massachusetts Appeals Court today upheld Dwayne McNair's 16-year prison sentence for raping two women he pulled into a car and raped with a pal, rejecting his argument that the five years between his indictment and his trial violated his constitutional right to a speedy trial. Read more.

By adamg - 11/3/20 - 10:54 am

The Massachusetts Appeals Court today dismissed a Sudbury woman's libel suit against a real-estate broker for allegedly defamatory comments online because the woman failed to prove anybody else knew her true identity behind the pseudonym she used online and so she was unable to prove her reputation had been harmed. Read more.

By adamg - 11/2/20 - 10:41 am

A member of the Suffolk University softball team who claimed a teammate - who had been her best friend - was reckless by hitting her in the head during batting practice had her case dismissed today by the Massachusetts Appeals Court, which said that while the concussion she suffered and the stitches she needed were unfortunate, the teammate did nothing legally reckless. Read more.

By adamg - 10/26/20 - 11:07 am

The Massachusetts Appeals Court today upheld an award of more than $850,000 for an MBTA supervisor forced into retirement as the culmination of a ten-year grudge by a Green Line track worker who worked his way up the ranks after the supervisor reported him for filing for overtime pay for work he didn't do. Read more.

By adamg - 9/4/20 - 11:24 am

The Massachusetts Appeals Court today sided with Cingular Wireless and its subscribers and agreed the state could not tax their BlackBerry service just because those devices did not come with parental blocking software. Read more.

By adamg - 8/17/20 - 11:14 am

After a judge dismissed criminal charges against an Ipswich gun dealer whose recently released convict son walked out of the store with two guns kept in unlocked boxes out back, the dealer sued the town's police for malicious prosecution and defamation.

In a ruling today, the Massachusetts Appeals Court suggests he should have left well enough alone and been happy he had the charges dismissed. Read more.

By adamg - 8/14/20 - 10:52 am

The Massachusetts Appeals Court today upheld the armed-robbery conviction of a man who pleaded guilty to a 2011 gunpoint holdup in Mattapan, even though the drug convictions that stemmed from the same arrest had earlier been overturned because the drugs had gone through the tainted hands of state chemist Annie Dookhan. Read more.

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