Massachusetts Appeals Court

Court upholds embezzlement conviction even though two jurors went on Facebook to bitch about jury duty

adamg — Wed, 02 May 2012 18:23:56 +0000

The Massachusetts Court of Appeals today upheld a jury's conviction of a bookkeeper at Bridgewater State College for embezzling more than $355,000 in a year.

Clare Werner argued the conviction should be appealed because her lawyer discovered two of the jurors had posted complaints about being selected for the jury on Facebook and because the trial judge dismissed her complaint about that online activity even before Facebook had responded to the judge's subpoena for records related to the post.

Deported alien to get new trial on the drug charge that got him deported in the first place

adamg — Wed, 18 Apr 2012 15:52:02 +0000

A man who snuck back into the US after being deported for a cocaine-trafficking plea will get a new trial because his original lawyer blew it by telling him he probably wouldn't be deported if he pleaded guilty.

Court: Stolen bikes found with a trespasser can't be used against him, but can be returned to rightful owners

adamg — Fri, 30 Mar 2012 15:38:44 +0000

When a Boston Police detective found Michael Holloway trespassing at a BHA project in Roxbury in 2010, he testified, Holloway couldn't identify the brand of one of the two mountain bikes he had with him. Holloway was arrested for trespassing and, when the bikes turned out be have been reported stolen, receiving stolen property.

The Massachusetts Appeals Court, however, ruled today that the bikes cannot be used as evidence against Holloway, because the detective never had probable cause to seize them without a warrant.

Court rules Verizon doesn't owe Boston $5.3 million in back pole taxes

adamg — Mon, 19 Mar 2012 15:07:07 +0000

Ed. note: Post updated to clarify that the ruling was only on the poles between 2005 and 2009.

The Massachusetts Appeals Court ruled today that Verizon does not owe Boston $5.3 million in back taxes on its poles and wires over a four-year period.

The court said 150 years of telephone-related legislation in Massachusetts has consistently excluded overhead wiring along public ways from the personal-property tax - even as legislators have let cities and towns tax wiring that snakes under public ways.

The question became moot for future years in 2010, when the law was changed, city officials say.

Man ordered to pay child support for twins conceived through IVF after he had separated from his wife

adamg — Tue, 06 Mar 2012 17:11:56 +0000

The Massachusetts Appeals Court ruled today a Nigerian immigrant will have to pay child support for two children conceived with donor sperm and eggs even though his then separated wife had signed an agreement not to go after him for support payments.

The court said state law, which focuses on "intent to create a child," trumps Chukwudera B. Okoli's contention he never gave "consent to become a parent."

Court: Odor of burnt pot no longer enough to pull people out of cars - unless accompanied by suspicious behavior

adamg — Thu, 16 Feb 2012 16:50:14 +0000

The Massachusetts Appeals Court ruled today a loaded gun found in the glove compartment of a car pulled over for a traffic stop in Dorchester in 2009 can be used as evidence against the two people in the car.

Sloppy thieves rejoice: Leaving an ID behind at a burglary not enough for a conviction

adamg — Tue, 07 Feb 2012 17:26:45 +0000

The Massachusetts Appeals Court today reversed a Falmouth man's conviction for breaking and entering, saying the fact that a taped up ID card in his name was found at the scene was not enough to find him guilty.

The court said prosecutors failed to provide any other real evidence beyond the presence of the card that Ronald Renaud was responsible for the theft of four plasma TVs, a DVD player and sports memorabilia and that without that, they failed to show the man actually burgled the house:

Court blocks sterilization of mentally ill pregnant woman, but says family has right to make case to force an abortion

adamg — Tue, 17 Jan 2012 23:17:46 +0000

The Massachusetts Appeals Court today overturned a lower-court judge who had ordered a woman with severe mental problems to be sterilized as part of an abortion the judge had agreed with her family to make her have over her objections.

Court: If you steal somebody's gun, then accidentally shoot yourself and die, your survivors aren't entitled to a cent

adamg — Fri, 06 Jan 2012 16:47:18 +0000

The Massachusetts Appeals Court ruled today a gun owner was not liable for the death of a man who stole one of his guns then died when the gun went off as he was putting it back at his sister's insistence.

Court: You can't just run over a mother duck and get away with it

adamg — Tue, 15 Nov 2011 23:18:24 +0000

The Massachusetts Appeals Court today reinstated a man's conviction of cruelty to animals for squashing a mother duck leading her ducklings across a mall parking lot in Dartmouth in June, 2009.

Court: Real-estate brokers can be held legally responsible for what they tell buyers

adamg — Wed, 09 Nov 2011 17:56:47 +0000

A divided Massachusetts Appeals Court ruled today a man who bought a Norwell house in part because the broker told him it was zoned for use as the hair salon he wanted to open should get a trial to try to persuade a jury he deserves damages because it turns out the house wasn't zoned for that use.

Daniel DeWolfe bought a two-family house on Washington Street in Norwell that had been advertised by its listing brokerage, Hingham Centre, Ltd., as zoned "Business B," which a broker told him meant it was suitable for a salon. The property's MLS listing also said it was zoned that way, and the broker gave him a copy of part of the town zoning code allowing salons with "Business B" handwritten at the top.

In fact, the property was zoned "Residential B," which does not allow salons, and something DeWolfe did not learn until after he had gotten both a permit for a new septic system and a building permit to install his salon on the first floor.

Court to former state rep: Nice try, but no, you're not going to get a pension increase because you had a state parking space

adamg — Thu, 03 Nov 2011 15:01:46 +0000

The Massachusetts Court of Appeals today rejected former state Rep. Marie Parente's bid to have her pension increased based on the estimated value of her state-provided parking space on Beacon Hill and her per-diem payments for traveling to and from her home in Milford.

Court upholds gun seizure from man witness claimed was a hired killer

adamg — Mon, 03 Oct 2011 14:52:33 +0000

The Massachusetts Appeals Court ruled today Chelsea Police acted properly when they went into an apartment and seized a loaded gun after getting a call its owner had shown off his gun and announced he'd been hired to kill somebody with it.

A Chelsea District Court judge had tossed the gun as evidence against Vladimir Samuel, ruling that while police had permission from an occupant of the apartment to enter, lifting the pillow under which a caller said Samuel had placed the gun would have required a search warrant - because the occupant did not give them specific permission to peek under the pillow.

Nice try, pal, but you're still guilty of stomping a pregnant woman

adamg — Thu, 29 Sep 2011 15:57:47 +0000

The Massachusetts Court of Appeals today upheld a judge's sentence against a man convicted of repeatedly punching and kicking a pregnant supermarket worker who tried to stop him from shoplifting - a longer sentence that was imposed after he refused to accept probation as a condition of his original, shorter term behind bars.

Gene A. Jackson was convicted for a 2009 incident at the Porter Square Shaw's, involving a loss-prevention officer who followed him out of the store:

Court rules nautical cliches not always true

adamg — Mon, 26 Sep 2011 15:32:53 +0000

The Massachusetts Appeals Court today began a ruling on an insurance issue involved in a 2005 collision off Quincy between a Boston Harbor Cruises ferry and two disabled boats like this:

Sometimes ships do not pass in the night.

Quincy Mutual Fire Insurance Co. vs. Jeffrey Crispo and another