The Massachusetts Appeals Court ruled today that what was once a two-mile road from Carlisle down towards the center of Concord is still legally open to the public and property owners need to stop blocking it with the locked gates and warning signs they first put up in the early days of the pandemic to try to bar hikers out for fresh air. Read more.
Massachusetts Appeals Court
The Massachusetts Appeals Court today rejected arguments that Boston Police officers doing a well being check on a man who never missed work should not have entered his house without a warrant, and so upheld the second-degree murder conviction of his son - whom officers found in the house along with his dead father. Read more.
The Massachusetts Appeals Court ruled today that Suffolk County prosecutors can't use the drugs police say they found hidden in a packet under a man's genitals as evidence against him, because the officers conducted their strip search on the side of Norfolk Street in broad daylight rather than first taking him to a more private area, such as the local police station. Read more.
The Massachusetts Appeals Court yesterday upheld Charles Williams's second-degree murder conviction for the death of Dennis Parham, shot in the head on Shawmut Avenue at Kendall Street in Roxbury's Lenox housing development the night of July 15, 2017. Read more.
The Massachusetts Appeals Court today dismissed a charge of open and gross lewdness against a painter who disrobed and strolled through a client's home masturbating instead of painting, because current state law requires the physical presence of somebody to be "alarmed or shocked" and the homeowner only got alarmed or shocked later while reviewing video from her security cameras. Read more.
The Massachusetts Appeals Court today reinstated the bulk of a suit against the owner of Dunkin' Donuts franchises in Worcester because of the way one of its employees allegedly reacted to a Black man who ordered food by first delaying his order and then, when he and other employees asked about the delay, tossed the food - and a racial epithet - at him. Read more.
The Massachusetts Appeals Court today ruled that a man no longer has to make previously agreed payments to his wife as part of a divorce settlement on account of how she tried, but failed, to carve him up with a hatchet a few months after they signed the settlement. Read more.
Suffolk County prosecutors will not be able to use audio and video from a police officer's phone against the man he arrested for drug distribution on an East Boston street in 2019, the Massachusetts Appeals Court ruled today. Read more.
The Massachusetts Appeals Court yesterday ordered a woman to return the $70,000 engagement ring her former beau bought her - but also ruled he would have to pay interest on the $43,000 a judge had already ordered him to pay for dental-implant surgery he had promised to cover during their engagement, for which she had her front teeth removed shortly before he broke things off. Read more.
The Massachusetts Appeals Court ruled today that freshmen students placed in a dorm room by their school aren't members of a "household" and so are ineligible to apply for abuse-prevention orders against their roommates. Read more.
The Massachusetts Appeals Court today reinstated a woman's lawsuit over the injuries she suffered when she tripped over a decorative crosswalk edge raised a half inch above the roadway on Thorndike Street in Cambridge. Read more.
The Massachusetts Appeals Court today upheld the second-degree murder convictions of three men for beating and stabbing a teenager to death at Blue Hill Avenue and Wilcock Street in 2007, rejecting arguments that a juror who answered "no" to questions about relatives involved in criminal cases or the court system meant the three couldn't get a fair trial. Read more.
A man ordered out of a car that was wanted in connection with a Roxbury shooting in 2019 can't be charged for possession of the loaded gun police found on him because officers didn't have probable cause to search him, the Massachusetts Appeals Court ruled today. Read more.
The Massachusetts Appeals Court ruled today that the state has been making wireless providers charge consumers too much in taxes to buy a discounted mobile phone bundled with a service agreement. Read more.
The Massachusetts Appeals Court today dismissed William Earl's second-degree murder conviction, ruling his confession that he stabbed Samuel Constant to death in the Georgetown development in Hyde Park was coerced: Read more
The Massachusetts Appeals Court today overturned a woman's conviction for uttering - the legal term for passing a forged check - because while she was on video cashing a $950 check with a forged signature from the account of a woman she didn't know, prosecutors failed to prove she knew the check was, in fact, forged. Read more.
The Massachusetts Appeals Court ruled today that the Boston Zoning Board of Appeal erred in granting approval to plans by the owners of a 2 1/2-story, two-family house at 9 Johnny Ct. in Chinatown to add two more floors and convert the building to five units, because the owner of the neighboring 7 Johnny Ct. raised legitimate concerns the work could damage their building. Read more.
The Massachusetts Appeals Court ruled today that a woman who has the right to park in a space at a North End condo building, even though she doesn't live there, has to pay property tax on the space. Read more.
A Fenway landlord that wouldn't return the security deposit to two tenants who moved out in August, 2020 has to pay them that deposit times three, the costs of their attorney to get that check and now the extra legal fees they racked up when the landlord appealed a court's decision to grant the tenants their treble damages, the Massachusetts Appeals Court ruled today. Read more.
The Massachusetts Appeals Court today upheld the license suspension and fine a state board levied against a Peabody contractor who deposited money meant for an attic refurbishing project into his separate house-flipping business, stopped paying contractors, abandoned the job, filed for bankruptcy and then sued the couple after a judge declared his debt to them "nondischargeable." Read more.
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