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.
Massachusetts Appeals Court
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.
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.
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.
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:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.