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Massachusetts Appeals Court

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.

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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.

By adamg - 8/3/20 - 10:48 am

In an otherwise routine ruling on a zoning dispute between two Gloucester neighbors over a proposed garage replacement, the Massachusetts Appeals Court announced today it will no longer use "grandfathering" or "grandfathered" in its decisions. Read more.

By adamg - 7/29/20 - 10:17 am

The Massachusetts Appeals Court today dismissed a woman's suit against the Archdiocese of Boston for the way she was fired as director of musical ministries at a Franklin church without even considering her claim that the new parish priest didn't like either her age or gender. Read more.

By adamg - 6/26/20 - 10:50 am

The Massachusetts Appeals Court ruled today that Maurice Morrison got a fair trial that led to his second-degree murder conviction for shooting both a Chelsea cab driver and the driver's front-seat passenger in the back of the head in 2013, possibly because the passenger was blackmailing him. Read more.

By adamg - 6/9/20 - 11:53 am

Down the drain.

In a 2-1 decision, the Massachusetts Appeals Court ruled today that Suffolk County prosecutors can't use a loaded gun, 9 small bags of heroin and 23 small bags of crack as evidence against Jamal Chin-Clarke on gun and drug charges because Boston police officers didn't have enough evidence he was involved in a criminal act at the time they searched him. Read more.

By adamg - 6/3/20 - 10:43 am

The Massachusetts Appeals Court today overturned a man's conviction for disobeying an order not to contact a former girlfriend, saying prosecutors failed to prove that he actually sent her an Instagram message that had his account name linked on it. Read more.

By adamg - 5/15/20 - 9:23 am

In a letter to lawyers yesterday, leaders of the state trial and appeals courts announced their court buildings will likely remain shut through at least the end of June, but that trials probably won't restart until September, due to Covid-19 concerns. Read more.

By adamg - 4/9/20 - 11:19 am
Gun seized from Kearse

No longer allowed to be used as evidence: The gun and bullets police say they seized.

The Massachusetts Appeals Court ruled today that Suffolk County prosecutors cannot use a loaded gun allegedly found on a Dorchester man as evidence against him, because police found it under his puffy coat and sweatshirt during what it ruled was an unconstitutional pat frisk. Read more.

By adamg - 4/2/20 - 12:36 pm

A man who has already received $5.5 million for traumatic brain injuries suffered in a fight that started as an argument over a bar stool at Sonsie in 2008 could be eligible for even more money under the Massachusetts Appeals Court ruled today that Liberty Mutual tried to delay paying him anything after it had lost one of two court cases because it knew he was in financial duress at the time and figured it could get him to settle for less than he wanted. Read more.

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