The Massachusetts Appeals Court ruled today that officers pursuing a man they found in a car full of apparent marijuana smoke were wrong to follow him into his own house, where they frisked him and found a gun in his pocket, because he displayed no signs before he fled that would lead them to think he had a gun or of being an immediate threat to anybody inside his home. Read more.
Massachusetts Appeals Court
The Massachusetts Appeals Court today dismissed a gun charge out of Roxbury because "court congestion" deprived him of his right to a speedy trial. Read more.
The Massachusetts Appeals Court today upheld a man's conviction for a West Roxbury housebreak based in part on data from the GPS device he was ordered to wear at his arraignment on charges he beat a woman in Dorchester. Read more.
The Massachusetts Appeals Court ruled today that Boston police officers had enough details on the suspect in the robbery and shooting of a Dot Ave. convenience-store owner that they had the right to stop a suspect they found four blocks away. Read more.
The Massachusetts Appeals Court today upheld a man's conviction for illegal gun possession in a 2013 Newton road-rage incident because a gun is a gun no matter when it's made and, in any case, he failed to prove his gun was actually an antique exempt from normal state gun-licensing requirements. Read more.
The Massachusetts Appeals Court today upheld a permanent stay-away order for a man who repeatedly abused his girlfriend, culminating in a 2013 incident in which, in a drunken rage, he choked her, stuck his fingers down her throat, punched her several times in the side and in the genitals, slapped her at least 15 times, asked her if she was ready to die and, when she managed to briefly escape and lock herself in the bathroom, broke down the door and pushed her up against the wall and held her there by her neck. Read more.
The Massachusetts Appeals Court today overturned the conviction of a Dorchester man whom a jury found guilty of possession of a loaded firearm without a license after acquitting him of illegal possession of a gun and ammunition for the same 2012 incident in Dorchester. Read more.
The Massachusetts Appeals Court today reinstated a one-year jail sentence for a Brockton man who sent repeated threats to a lawyer for a bank trying to foreclose on his mother's house - threats that included sending him e-mail showing how easy it would be to create bombs out of plastic bottles and wondering how heavy the lawyer's heart would be after the guy got his hand wrapped around it. Read more.
The Massachusetts Appeals Court today overturned Robert Iacoviello's second-degree murder conviction for the death of Revere police officer Daniel Talbot behind Revere High School in 2007 because the judge in the case refused to tell the jury to consider whether the death was a case of self defense or the lesser charge of manslaughter. Read more.
The Massachusetts Appeals Court today upheld the one-year jail sentence a Quincy man got after his conviction for animal cruelty in an incident involving his girlfriend's annoying little dog. Read more.
The Massachusetts Appeals Court ruled today that "permanent" means "permanent," and that an injunction that permanently barred Karl Clemmey from Great Woods in 1993 remains in effect despite the facility's change of both ownership and names. Read more.
The Massachusetts Appeals Court today upheld the animal-cruelty conviction for a man who shot a dog that kept showing up on his property in an attempt to "sting" her and make her stay away. Read more.
The Massachusetts Appeals Court yesterday upheld a Swampscott man's conviction for a 2012 attack in Revere that left his former business partner with part of his nose missing.
The court ruled that Kenneth Michaud, 44, got a fair trial and he just needs to deal with the 3-to-5-year prison sentence he got after a jury convicted him of assault and battery causing serious personal injury and mayhem. Read more.
The Massachusetts Appeals Court refused today to consider the First Amendment issues involved in a judge ordering a man to stop writing horrible things about his ex-girlfriend online as part of a domestic protective order against him. Read more.
The Massachusetts Appeals Court has tossed a libel suit by a car-detailing firm against a lawyer for a state car-dealer association because he was merely stating the truth when he advised members the company and some of its customers were under investigation by the federal Labor Department. Read more.
The Massachusetts Appeals Court ruled today a police report was good enough evidence with which to terminate a Section 8 voucher even if the materials found in an apartment had yet to be tested in a state drug lab for confirmation they were drugs. Read more.
The Massachusetts Appeals Court ruled today a couple suing Boston Medical Center for negligence will get their day in court.
A Suffolk Superior Court judge had dismissed their case against BMC before it could go to trial after agreeing with the hospital that it had no way to know the interpreter, who had a clean criminal record, might disregard hospital rules against being in a room with a patient alone and instead sneak in and sexually assault the Guatemalan immigrant. Read more.
In the second judicial defeat for the BRA in a week involving waterfront land, the Massachusetts Appeals Court ruled today the developer of an apartment complex in Charlestown has to comply with a state order to set aside most of its ground floor for "public accommodation" uses under state waterfront regulations.Read more.
The Massachusetts Appeals Court ruled today that Suffolk County prosecutors can't use a bag of crack a man had in his mouth as evidence against him because Boston Police didn't have a good reason to stop him and force him to spit it out in the first place. Read more.
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