Massachusetts Appeals Court
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.
A jury found Joshua Linares guilty, but the judge then entered a finding of not guilty, arguing that even if Linares had accelerated right into the duck, the duck had stepped under the car,... Read more
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... Read more
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.
Parente claimed the $1,560 annual value of her parking space and the $7,200 a year she got for travel expenses were... Read more
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... Read more
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... Read more
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.
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... Read more
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,... Read more
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,... Read more
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.
A lower-court judge had tossed Denise Doherty's lawsuit against Admiral's Flagship Condominium Trust, Lundgren Management Group, Inc. and Construction by Design,... Read more
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... Read more
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... Read more
The Massachusetts Appeals Court ruled today that even if it bought John Carey's argument that the ex-wife of a friend wanted him to wrap a necktie around her neck and pull it tight enough to cut off her breathing, he'd still be guilty because neither state law nor a Supreme Court ruling on the privacy of sexual acts lets somebody assent to an act that... Read more
The Massachusetts Appeals Court today tossed part of the drug conviction of a woman who verbally agreed to waive a jury trial but who never actually signed a waiver as required by state law, because she was illiterate.
In 2009, an Essex County jury found Joyce Johnson guilty of cocaine distribution, after which she had a separate trial before a judge on the issue of... Read more
A Cambridge man will get a new larceny trial because one of the jurors who heard his case may have been snoozing in the jury box.
Felton Dyous had been convicted of using another man's bank card to withdraw $200 from a Central Square ATM when the man mistakenly left it in the machine. Dyous appealed, in part because one of the jurors may have... Read more
The Massachusetts Appeals Court today upheld a verdict against a crematory that included a certificate with the wrong woman's information on an urn given to two Dorchester women after their mother died in 2003.
Although the urn itself, the box it came in and the envelope containing a cremation certificate correctly identified the remains as being those of Greta Marie Brown, the certificate had another... Read more
Drive a rental car without authorization from the rental company and you lose your normal right to privacy during a police search, the Massachusetts Court of Appeals ruled today in a case involving a man convicted of drug possession.
Police officers testified when they spotted Antwan Lawson's Dodge Charger just sitting in a crosswalk at Dorchester Avenue and Semont Road, with its lights on and... Read more
The Massachusetts Appeals Court ruled Friday that Jordan's Furniture's annual Red Sox contest isn't a lottery because nobody pays money specifically to enter it.
For the past several years, the furniture chain has reimbursed people who buy furniture during a set period if the Red Sox do something in particular - at first, win the World Series, but more recently, hit a sign in the... Read more
CommonWealth follows up on the case of a former attorney for the Massachusetts Appeals Court who got caught when the site did a little sting of people offering to sell term papers on Craigslist.
The Massachusetts Appeals Court today upheld the fraud conviction of a woman who used a co-worker's debit card to buy pizza and clothes and to renew her driver's license.
Laura Ryan, who used the co-worker's card while on work release from MCI Framingham, had argued that state law explicitly refers to fraud involving "credit" cards and that debit cards are just not the same.
The... Read more