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Massachusetts Appeals Court

By adamg - 7/18/19 - 10:59 am

The Massachusetts Appeals Court today dismissed a suit by the daughter of a woman paralyzed when shot on a road through the Orchard Gardens development in 2013, saying that because the road is a public way, the management company for the complex was not legally liable for her death, even if it had been hired on a promise to make the place safer. Read more.

By adamg - 7/12/19 - 11:32 am

The Massachusetts Appeals Court ruled today a Boston police officer's negligence sparked a fatal 2011 shootout that left one man dead and a police officer and the man's acquaintance shot - and that the negligence went beyond the limits set by a state law that normally bars suits against cities and towns. Read more.

By adamg - 7/12/19 - 10:41 am

The Massachusetts Appeals Court ruled today that an oil company that has long used OrderMyOil.com to sell heating oil online has no case against a competitor that set up OrderYourOil.com, because the words "order" and "oil" are just too generic to deserve any sort of competitive protection under state law, never mind federal trademark law. Read more.

By adamg - 3/14/19 - 11:52 am

There once was a barn on Nantucket
But the owner wanted to chuck it
He thought moving it shrewd
The neighbors said nah dude
They asked a judge to make him suck it

The Massachusetts Appeals Court ruled today that the Nantucket Historic District Commission has to decide, for the third time, whether to let the owner of a historic property tear down a barn - a barn that was only erected in 1972, unlike another building on the site that dates to the mid-1700s. Read more.

By adamg - 2/21/19 - 10:52 am

The Massachusetts Appeals Court today upheld Jamel Bannister's second-degree murder conviction for the 2013 murder of Courtney Jackson at the Dudley Square bus station, saying it found no mistakes in the way Bannister was tried and convicted. Read more.

By adamg - 2/12/19 - 2:56 pm

The Massachusetts Appeals Court today reversed a man's third OUI conviction for an incident in which a Revere police officer stopped him after watching get out of a traffic jam on American Legion Highway by pulling off the road and driving on the sidewalk for 200 feet. Read more.

By adamg - 1/30/19 - 11:40 am

The Massachusetts Court of Appeals ruled today a Boston Police detective had no real good reason to deny the co-owner of a Dudley Square store a gun license for personal protection and ordered the department to issue him one. Read more.

By adamg - 12/13/18 - 11:28 am
Surveillance photo in federal case

Feds say this photo shows Leoner-Aguirre, in the white pants, shooting at victim running for his life.

Aguirre

Massachusetts does not have a "stand your ground" law, and the Massachusetts Court of Appeals today rejected an attempt by an MS-13 leader convicted of a 2014 shooting in Chelsea to try to create a precedent for it.

Read more.

By adamg - 11/9/18 - 10:49 am

The Massachusetts Appeals Court today upheld a man's conviction for assault and battery with a dangerous weapon for kicking his young daughter in the chest hard enough to send her flying to the floor in a drugstore. Read more.

By adamg - 10/17/18 - 11:29 am

The Massachusetts Appeals Court said today a man can be convicted of rape if he forces a woman at gunpoint to fondle herself. The ruling comes in the case of Reinaldo Prado of Framingham, convicted of robbing at gunpoint three prostitutes he met via Craigslist and raping one of them. Read more.

By adamg - 9/28/18 - 11:13 am

The Massachusetts Appeals Court ruled today a district-court judge erred in not granting a woman a restraining order against her ex for continuing to engage in sexual activities on her even after she told him she was "done" and "tired" and had him pull out of her. Read more.

By adamg - 9/17/18 - 11:44 am

The Massachusetts Appeals Court ruled today a worker at UMass Boston can proceed with a libel suit against the news editor at the campus newspaper, which published a photo of him in 2013 provided by campus police - who wanted to ask him whether he was photographing women on a shuttle bus from the JFK/UMass T stop to the school. Read more.

By adamg - 8/30/18 - 5:49 pm

The Massachusetts Appeals Court ruled yesterday that Njisane Chambers of Milton got a fair trial on charges he waited outside a Theater District club and tried to carve up several people - one an off-duty state trooper - after one of the women in the group rejected his request to dance with him and he was tossed from the club for throwing a drink at one of the men. Read more.

By adamg - 7/27/18 - 1:15 pm

In a dispute among people who live on what was once a large parcel along Cape Cod Bay, the Massachusetts Appeals Court ruled today that the ones who don't live right on the beach can use the beach for the sorts of things people did in the 1600s - namely fishing and bird hunting - but that volleyball and suntanning are right out. Read more.

By adamg - 7/27/18 - 12:03 pm

The Massachusetts Appeals Court ruled today that Boston Police did nothing wrong in getting a cell-phone provider to let them track a woman in real time without a warrant because they had overheard her saying she was on her way to shoot somebody. Read more.

By adamg - 7/12/18 - 11:09 am

The Massachusetts Appeals Court today upheld a man's conviction for indecent assault and battery on a child under fourteen for the way he started hugging a 13-year-old at a family barbecue in 2015, wouldn't let her go when she tried to escape and then began licking both the outside and inside of her ear. Read more.

By adamg - 5/17/18 - 11:14 am

The Massachusetts Appeals Court today dismissed a lawsuit against Esh Circus Arts and the Somerville zoning board, saying the person who brought it does not live close enough to be legally aggrieved by the circus center's request to use some vacant office space in its building. Read more.

By adamg - 3/19/18 - 10:57 am

A man who went into court ready to acknowledge he was walking across the Northeastern campus with a loaded gun had his conviction dismissed because campus police didn't have enough of a reason to "seize" him in the first place and because the judge in the case failed to ask him at the start of his trial if he were really sure he wanted to admit possession of the gun. Read more.

By adamg - 2/9/18 - 12:03 pm

The Massachusetts Appeals Court today dismissed a woman's attempt to claim monetary damages from the man who confessed after they married and then had an affair that he had never loved her. Read more.

By adamg - 1/3/18 - 11:00 am

The Massachusetts Appeals Court ruled today that prosecutors can use a man's statement to a police officer that a key found in his pocket would open a Park Plaza Hotel room where he'd allegedly stashed a prostitute he was offering in an ad on a Web site for men seeking sex for a fee. Read more.

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