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Massachusetts Appeals Court

By adamg - 5/5/22 - 12:54 pm

The Massachusetts Appeals Court ruled today that cremated remains of former members of the Church of the Holy Spirit in Wayland can't be disinterred and moved elsewhere now that the building has become a Coptic Orthodox church - which does not believe in cremation and which wants the land for its own uses. Read more.

By adamg - 4/4/22 - 11:15 pm

The Globe reports the Massachusetts Appeals Court today upheld Bradford Casler's convictions for the 2016 Sweet Tomatoes crash.

By adamg - 1/21/22 - 10:53 am

The Massachusetts Appeals Court today upheld Charles Duncan's 12-to-15 year prison sentence for raping a woman as she was walking home from the Shawmut T stop in 2018, saying he got a fair trial. Read more.

By adamg - 1/7/22 - 11:48 am

State troopers may have meant well when they mistakenly stopped a man for not having an inspection sticker a few days after he bought his car, but they were still wrong and that means prosecutors can't use evidence the driver was drunk against him, the Massachusetts Appeals Court ruled today. Read more.

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.

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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.

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.

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