Massachusetts Appeals Court

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

Court overturns damages against landlord who tried to get tenants fired

adamg — Mon, 26 Sep 2011 15:15:49 +0000

The Massachusetts Appeals Court ruled today that Housing Court is the wrong place to consider a complaint by two Roxbury tenants that their landlord reacted to a rent dispute by badmouthing them to congregants at the church where they work as custodians - and by trying to get them fired by strewing trash on the church floors to make it seem like they weren't doing their jobs.

Judge doesn't want to be bothered with college students seeking restraining orders against classmates they claim attacked them

adamg — Tue, 20 Sep 2011 00:57:41 +0000

The Massachusetts Appeals Court today ordered a new hearing for a college student seeking an extension of a restraining order against a classmate after a lower-court judge said it's a matter for college officials, not the judicial system.

The unidentified woman wanted to continue to have her equally unnamed classmate to stay away from her and her classes on campus after their romance soured and, she claimed, he stalked her and eventually attacked her sexually. But Somerville District Court Judge Neil Walker rejected her request:

Good fences don't make good neighbors: Court rules Roxbury man has to demolish part of house built on neighbor's property

adamg — Thu, 18 Aug 2011 21:46:59 +0000

The Massachusetts Appeals Court ruled today a Roxbury man has to tear down part of the two-unit condo building he put up on Magazine Street because he tore down a neighbor's fence and then built part of the structure where his neighbors used to plant vegetables and repair their cars.

The court said that while it couldn't figure out where the actual property line was, it didn't matter, because the neighbors had gained the disputed land through "adverse possession" - they had used it continuously for more than two decades without any complaints and presented evidence the people they bought their house from had erected the fence even earlier than that.

Court: Condo managers who dragged feet fixing roof leaks can't claim statute of limitations has run out

adamg — Mon, 15 Aug 2011 15:09:21 +0000

The Massachusetts Appeals Court today reinstated a Chelsea condo owner's lawsuit against her condo trust and management company over leaks she said were so bad she had mushrooms growing on her doorframe and she eventually had to flee the unit on her doctor's advice.

Being sick of Jehovah's Witnesses at your door isn't good enough reason to shove them, court rules

adamg — Fri, 12 Aug 2011 23:48:22 +0000

The Massachusetts Appeals Court has upheld a Newton man's conviction for pushing two Jehovah's Witnesses who'd rung his door - sending one to the hospital with a broken shoulder and arm after she lost her balance and fell.

Neal Farber was arrested on Aug. 13, 2008 after allegedly pushing the two 60-something women away from his house after first screaming at them that he was tired of them and their religion.

Court rejects notion that Boston ban on blunt wrappers discriminates against young black men

adamg — Tue, 26 Jul 2011 15:52:35 +0000

The Massachusetts Appeals Court today upheld a Boston Public Health Commission ban on the sale of cigar wraps, saying the commission has a legitimate public-health reason for trying to keep the green leafy material out of the hands of young people.

A group of wrap manufacturers had sued to overturn the regulation, charging the commission was violating manufacturers' constitutional rights - and those of the young black men the group said were the predominant purchasers of the product.

The court ruled the racial-discrimination argument moot because the companies had not raised it in their original suit in Suffolk Superior Court, but only on appeal after losing there. The appeals court then, however, went on at some length to dismiss the argument: