Massachusetts Appeals Court

By - 2/19/15 - 3:11 pm

A Belmont man convicted of his second OUI offense appealed, arguing his arrest was illegal because a trooper only showed up at his home based on the word of an anonymous 911 caller and that's just not good enough to warrant a potential arrest.

But the Massachusetts Appeals Court ruled that the caller provided enough details of what he'd seen - not just stating that... Read more

By - 12/30/14 - 11:05 am

The Massachusetts Appeals Court today upheld the home-invasion and kidnapping convictions of a man who, with an accomplice, tied up all the participants in a high-stakes poker game in North Andover, took all the money and fled.

When Santiago Navarro and another masked man tied up all the players, he left Christopher "Shorty" Maldonado's zip tie loose enough that he could easily undo them -... Read more

By - 12/23/14 - 8:27 am

The Massachusetts Appeals Court ruled yesterday prosecutors can use a gun found in a car occupied by two East Boston men as evidence against them on charges of illegal gun and ammunition possession.

A lower-court judge had earlier tossed the gun as evidence, saying police didn't have enough evidence to warrant a search of the car in which Andres Buenrostro, 26, and Jose Ordaz, 25,... Read more

By - 12/5/14 - 11:23 am

NOTE: Headline changed to reflect the fact it was the US government, not the Chinese, that wouldn't let the family return here.

A Chinese CFO who rented a house in Belmont for a year owes the landlord rent for the entire year, even though she and her family found themselves stuck in China midway through the year after the US would not grant them visas... Read more

By - 12/5/14 - 11:01 am

A Roslindale man convicted of shooting, beating and robbing a Fall River real-estate agent will have ample time over the next few decades to consider his actions.

The Massachusetts Appeals Court ruled today that Peter Chamberlin got a fair trial before being convicted and sentenced to up to 40 years in state prison and that there was nothing wrong in the way police obtained his... Read more

By - 12/3/14 - 11:04 am

UPDATE: Suffolk County District Attorney's office considering whether to appeal this ruling to the Supreme Judicial Court. DA's brief attached to this post, also see this comment for a synopsis.

If prosecutors want to try Brian Maingrette of West Roxbury on charges of carrying a firearm without a license, unlawful possession of ammunition and carrying a loaded firearm without a license, they're going to... Read more

By - 12/2/14 - 11:11 am

The Massachusetts Appeals Court ruled today a man cannot be charged with selling marijuana within 100 feet of a "public park or playground" because the playground in question was on privately owned land.

The ruling means that Christopher Gopaul will now only face 13 drug charges instead of 14 when he comes to trial for allegedly selling pot to an undercover cop at the the... Read more

By - 11/12/14 - 11:22 am

The Massachusetts Appeals Court ruled today that five seafood companies are on the hook to Boston for several years' worth of back taxes on their operations at the Massport-owned Fish Pier.

The five companies have not paid any taxes to Boston - save for one company's single payment - since 1998. The city did nothing to try to collect back taxes until 2004, when the... Read more

By - 11/6/14 - 11:29 am

The Massachusetts Appeals Court today tossed a lawsuit by Skyhook Wireless of South Boston against Google, saying the company failed to prove Google maliciously tried to keep its location services off Android phones in 2009 and 2010.

If anything, the court ruled, the fault was entirely Skyhook's, for failing to ensure its software would work properly with the application programming interfaces Google wrote for... Read more

By - 10/6/14 - 11:53 am

The Massachusetts Court of Appeals today ordered a new trial to determine how much the MBTA owes a woman who suffered serious neck injuries when Green Line operator Aiden Quinn plowed through a red light and crashed into another trolley in 2009, saying her lawyer manipulated the jury's emotions by repeatedly raising issues not supported by any evidence during the trial.

"The sheer number... Read more

By - 10/3/14 - 11:42 am

The Massachusetts Appeals Court today overturned the OUI and motor-vehicle convictions of a Pittsfield man because the state trooper who testified that possible software problems with his car's steering system could not have made him swerve into the path of another car didn't have the expertise to make that determination.

Douglas Guinan was found with both alcohol and Vicodin in his system after the fatal... Read more

By - 9/24/14 - 1:41 pm

The Massachusetts Appeals Court ruled today a veteran doctor who decided to get additional training as a resident at Mount Auburn can pursue his discrimination claim over his firing in 2005.

A Superior Court judge had dismissed Bernard Bulwer's lawsuit against the hospital - which also included charges of defamation and "tortious interference" with his hospital contract - but the appeals court said there was... Read more

By - 9/5/14 - 11:26 am

The Massachusetts Appeals Court today overturned Luis Gonazalez's conviction and 12-year sentence for armed carjacking and witness intimidation because the judge in his trial took no action after jurors asked what they should do about the fact that one of them had been asleep during testimony.

The court said defendants and the public have a right to "conscious juries." Citing a long list of cases... Read more

By - 9/4/14 - 11:59 am

The Massachusetts Appeals Court had to do just that, as part of a thought exercise to help it conclude that a man who wore only sheer white compression shorts into a Target store in 2011 was, in fact, guilty of exposing himself.

John Coppinger appealed his conviction for open and gross lewdness and lasciviousness by arguing the state law on the matter was unconstitutionally vague... Read more

By - 8/27/14 - 11:14 am

The Massachusetts Appeals Court today ordered court officials to destroy the records of a man who found himself facing trial for leaving the scene of an accident because a clerk somehow mixed up his records with those of the actual suspect, who has the same name.

The Supreme Judicial Court ruled in 2010 and 2012 that court records of people falsely accused of... Read more

By - 8/26/14 - 11:44 am

The Massachusetts Appeals Court today upheld the prison term of a Springfield man who went berserk after his sons' basketball team lost and began a beatdown of the opposing coach that ended with him biting part of the man's left ear off.

Timothy Forbes appealed his 3-4 year prison sentence in part because the state mayhem law, under which he was convicted, refers to... Read more

By - 7/25/14 - 10:40 am

The Massachusetts Appeals Court ruled today that Christopher Kostka can be ordered to provide a DNA sample that could rule him out as a possible suspect in the 2012 stabbing murder of Barbara Coyne - but bolster the case against his twin brother, Timothy.

The Suffolk County District Attorney's office says that it needs the DNA sample to see if the two are fraternal... Read more

By - 7/16/14 - 11:52 am

In a decision that hinged on copies of deeds and maps dating to 1813 - and in particular, an 1819 map - the Massachusetts Appeals Court ruled today the public has the right to walk atop a seawall that a Rockport shopkeeper has been trying to keep shut.

In 2005, Wendy Stone-Ashe put a fence across the path in front of her property at... Read more

By - 6/4/14 - 11:01 am

The Massachusetts Appeals Court ruled today Suffolk County prosecutors can't use the results of breath tests that showed an Arlington man was at least 1.5 times over the legal alcohol limit when he allegedly drove his pickup into a Boston Police prisoner wagon in the South End early on April 20, 2012.

Pauric Houragan blew .121 and .143 on two breath tests after the crash... Read more

By - 6/2/14 - 11:06 am

The Massachusetts Appeals Court ruled today a Boston police officer did nothing wrong in chasing after and arresting a man he suspected was packing a gun late one night on Norfolk Street in Roxbury.

In its ruling, the court overturned an order by Boston Municipal Court Judge Raymond Dougan that prosecutors could not use the gun allegedly found on Olajuwan Jones-Pannell on Aug. 6, 2011.... Read more

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