Massachusetts Appeals Court

Massachusetts Appeals Court

By - 6/24/15 - 6:02 pm

The Massachusetts Appeals Court today ordered a new trial for a man convicted of packing an illegal gun in Malcolm X Park in Roxbury because the officers who arrested him in 2010 looked at his cell phone's call history without a warrant, and Suffolk County prosecutors used the evidence they found against him. Read more.

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.

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 - not surprising since it turns out Maldonado was the brains behind the robbery. Only Maldonado may not have been playing with a full deck:

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, had been sitting outside 128 Gladstone St. where a gang-linked shooting had occurred three weeks earlier in 2011.

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 to return here after a trip there.

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 cell-phone records before his arrest for the 2007 attack.

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 have to do it without the gun police say they found in his car on Edgemere Road on Sept. 10, 2012.

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 Windsor Meadows Apartment Complex in Marlborough in 2011.

Prosecutors had argued that word "public" in the phrase applied only to the word "park," and so it shouldn't matter if the playground was on private land or not, but the court disagreed:

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 companies' leases with Massport ran out and the authority refused to renew them because Boston wasn't going to sign a statement that they were current on their taxes.

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 determining the location of an Android phone.

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.

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.

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 enough evidence of possible discrimination to warrant having a jury consider whether he was fired because of his race and national origin.

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.

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 and that, in any case, he wasn't exposing his genitals because they were covered by cloth.

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.

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.

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.

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.

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.

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