Massachusetts Appeals Court

By - 1/21/14 - 1:06 pm

A man facing illegal-weapons charges stemming from a Mattapan traffic stop will have to explain why police say they found a loaded gun in a secret compartment in his car when he goes to trial, the Massachusetts Appeals Court ruled today.

A lower-court judge had tossed the evidence against Yves Montaine, saying the mere fact his car reeked of un-smoked marijuana when he was stopped... Read more

By - 11/26/13 - 11:31 am

The Massachusetts Appeals Court today upheld a Newbury man's conviction on a charge of willfully interfering with a firefighter in the performance of his duty and resisting arrest on the night his house went up in flames.

When Sean Joyce's house caught on fire on April 12, 2011, neighbors and police arrived to find him standing outside screaming and pounding his car trunk. Despite orders... Read more

By - 10/9/13 - 12:02 pm

The Massachusetts Appeals Court today upheld the dismissal of a lawsuit by three Brighton residents against a major expansion plan by Boston College.

In their suit, residents said the BRA was a "quasi judicial" body and therefore violated the state constitution in approving a 10-year, $1.6-billion "institutional master plan" by holding private discussions with college officials and not swearing in people testifying in public on... Read more

By - 3/6/13 - 10:47 am

So this guy out in the Berkshires gets his license taken away after his second OUI conviction, appeals 10 years later to get it reinstated, to which the state agrees on condition he install one of those in-dash breath-tester gizmos, which he installs, only then he takes it out and gets caught and has his license taken away.

And then, two years later, he's stopped... Read more

By - 2/21/13 - 11:02 am

The Massachusetts Appeals Court today overruled a lower-court judge and said prosecutors could use a loaded gun found in a space behind a car dashboard during a Dorchester traffic stop as evidence against the man charged with its illegal possession.

Ishmal Haynes was arrested on Nov. 8, 2009 in "a high crime area of the Dorchester section of Boston" after a state trooper and two... Read more

By - 2/15/13 - 10:51 am

In the latest of a series of similar gun rulings, the Massachusetts Appeals Court today rejected a Brockton man's argument that the Second Amendment lets him walk around with a gun without having to bother with the niceties of first applying for a license to carry.

Both the appeals court and the Supreme Judicial Court have repeatedly held over the past couple of years that... Read more

By - 8/17/12 - 8:42 am

The Massachusetts Appeals Court yesterday threw out the gun conviction of a man who'd been stopped for failing to signal a left turn and running a red light on Quincy Street in Roxbury in 2009.

The court ruled that while Boston Police officers had the right to order Jeromie Johnson - who already had two convictions for illegal weapons possession - out of the... Read more

By - 7/25/12 - 1:59 pm

The Massachusetts Appeals Court ruled today a state law on bank embezzlement should not have been used to prosecute a Worcester couple convicted of staging a fake robbery so that they could make off with money from the credit union where the wife worked.

The court said state law specifically refers to banks, not federal credit unions, such as the Wyman-Gordon Federal Credit Union where... Read more

By - 7/20/12 - 11:00 am

A Chelsea man whose manslaughter conviction was overturned because the jury heard testimony it shouldn't have is not entitled to damages from the state for the time he spent in prison, the Massachusetts Appeals Court ruled today.

Michael Riley was convicted of manslaughter in 1986 after a friend he was with fatally stabbed somebody with whom he'd fought the night before. Riley got a new... Read more

By - 7/16/12 - 11:08 am

The Massachusetts Appeals Court ruled today that heroin found in a car after the driver was pulled over for a traffic infraction can't be used as evidence against him or his passenger, because the only reason state troopers ordered the two men out was the aroma of burned pot, which by itself is no longer an indication of criminal activity in Massachusetts.

The two men... Read more

By - 6/8/12 - 10:53 am

The Massachusetts Appeals Court told a convicted burglar today he's guilty of "entering a residence during the daytime with the intent to commit a felony and with the resulting infliction of fear upon a lawful occupant" even if he didn't want to scare the homeowner who heard him trying to get into her house.

Obdulio Santana argued the court should dismiss his conviction because prosecutors... Read more

By - 6/6/12 - 11:12 am

The Massachusetts Appeals Court ruled today a Boston police officer did nothing wrong when he searched under the mattress on which a teen was sitting as he awaited arrest and found a gun.

Police officers had arrived at Paris Quiltner's home on Moody Street in Dorchester in May, 2010 to arrest him on a warrant for trespassing, but added a charge of illegal weapons... Read more

By - 5/2/12 - 2:23 pm

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... Read more

By - 4/18/12 - 11:52 am

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.

Wagner Martinez is current in federal custody, awaiting another deportation to his native Dominican Republic. In a ruling today, the Massachusetts Appeals Court said Martinez's lawyer made... Read more

By - 3/30/12 - 11:38 am

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... Read more

By - 3/19/12 - 11:07 am

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... Read more

By - 3/6/12 - 12:11 pm

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... Read more

By - 2/16/12 - 11:50 am

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.

A Boston Municipal Court judge had ruled the gun inadmissible evidence against Clint Daniel and Alyson Tayetto because a Boston police officer ordered them out of... Read more

By - 2/7/12 - 12:26 pm

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... Read more

By - 1/17/12 - 6:17 pm

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.

The family of the woman, identified only as Mary Moe, had sought an abortion when they learned she was pregnant in October because otherwise she... Read more

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