127 results for 'court:"Massachusetts Court Of Appeals"'.
J. Blake finds the lower court improperly refused to find for the commonwealth on an individual's claim for compensation under the erroneous convictions statute. The commonwealth voluntarily dismissed an assault and battery indictment against him, but evidence supports a conviction for the crime. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: June 7, 2023, Case #: 22-P-580 , Categories: Evidence, Damages
J. Neyman finds the superior court properly found for a tenant in a lease dispute regarding its emailed notice of its intent not to renew its lease. Although the lease prohibited email notice, the email communications provided effective notice based, in part, on the fact the landlord received the timely notice. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Neyman, Filed On: June 7, 2023, Case #: 21-P-1054 , Categories: Landlord Tenant, Contract
J. Massing finds defendant's confession, made minutes after the murder, that he had just killed someone for "running his mouth" should have been suppressed. His confession was a product of custodial interrogation and the officer who handcuffed and frisked him did not read him his Miranda rights. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: June 7, 2023, Case #: 21-P-916 , Categories: Evidence, Miranda, Murder
J. Hershfang vacates, in part, the lower court's dismissal of certain claims filed by an airport authority in a lease dispute. There are genuine issues of material fact regarding the breach of lease claim and whether the tenant engaged in unfair or deceptive practices. Vacated in part.
Court: Massachusetts Court Of Appeals, Judge: Hershfang, Filed On: June 2, 2023, Case #: 22-P-412 , Categories: Landlord Tenant, Contract
J. Hand upholds the lower court's judgment extending a mother's harassment prevention order against defendant, who was convicted of indecent assault and battery charges, one of which was committed against her child. Defendant is prevented by collateral estoppel from relitigating the harassment at issue and the mother was only required to show a need for protection from the impact of the harassment. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Hand, Filed On: May 24, 2023, Case #: 22-P-44 , Categories: Evidence, Restraining Order
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J. Rubin finds the trial court must reconsider defendant's probation revocation after finding defendant guilty of only one of two underlying offenses. The trial court must determine whether revocation is justified due to defendant's forgery or misuse of a New Jersey driver's license. Reversed in part.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: May 23, 2023, Case #: 21-P-844 , Categories: Probation, Forgery
J. Meade reverses the superior court's finding for the Department of Correction on an inmate's denial of his grievance contesting the department's refusal to transfer funds externally from his inmate account. Contrary to the lower court's finding, the inmate's claim was timely. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Meade, Filed On: May 18, 2023, Case #: 22-P-301 , Categories: Civil Procedure