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Massachusetts Appeals Court

By adamg - 9/16/22 - 11:42 am

A Fenway landlord that wouldn't return the security deposit to two tenants who moved out in August, 2020 has to pay them that deposit times three, the costs of their attorney to get that check and now the extra legal fees they racked up when the landlord appealed a court's decision to grant the tenants their treble damages, the Massachusetts Appeals Court ruled today. Read more.

By adamg - 9/9/22 - 10:47 am

The Massachusetts Appeals Court today upheld the license suspension and fine a state board levied against a Peabody contractor who deposited money meant for an attic refurbishing project into his separate house-flipping business, stopped paying contractors, abandoned the job, filed for bankruptcy and then sued the couple after a judge declared his debt to them "nondischargeable." Read more.

By adamg - 8/15/22 - 12:10 pm

The Massachusetts Appeals Court today upheld Odell Sanders's conviction for a July 25, 2018 gunfire attack on an Audi on Norfolk Street in Dorchester that left Jorge Baez dead and his brother permanently blinded. Read more.

By adamg - 8/10/22 - 11:13 am

The Massachusetts Appeals Court today dismissed part of a lawsuit by the family of a Cambridge fourth-grader suspended from school for something he didn't do, because the family first alerted the city school superintendent it planned to sue, rather than the mayor or city manager. Read more.

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

The Massachusetts Appeals Court today upheld the way MassHealth reimburses doctors for infant circumcisions, tossing a lawsuit by anti-circumcision activists who called that a waste of taxpayer money on a procedure they claim is "not medically necessary." Read more.

By adamg - 6/15/22 - 11:24 am

The Massachusetts Appeals Court today upheld Dominic Shiner's conviction for voluntary manslaughter for the stabbing death of Sean Dwyer outside Dwyer's Adams Street barber shop in 2014. Read more.

By adamg - 6/9/22 - 3:50 pm

The Massachusetts Appeals Court ruled today that there's far more to painting stripes to mark off parking-lot spaces than you might think, enough to make it "bespoke," even, which means a man who striped 21 spaces in a Gardner restaurant's lot does not have to pay any damages to a motorcyclist who alleged the layout of the spaces led to a crash in which he lost his leg. Read more.

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.

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.

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