8 results for 'judge:"Englander"'.
J. Englander vacates the defendant’s convictions of mayhem, assault and battery by means of a dangerous weapon and violation of constitutional rights with bodily injury. The judge refused to strike a juror whose mother works for the Boston Police Department even though the defense planned to question the credibility of the Boston Police Department.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: November 30, 2023, Case #: 22-P-817, Categories: Jury, Assault, Mayhem
J. Englander affirms the defendant’s conviction for operating a motor vehicle under the influence of intoxicating liquor. The booking video was not unfairly prejudicial just because a breathalyzer machine was seen in the video and the video was correct to show because it allowed the jury to view how the defendant performed the walk-and-turn test. The judge’s specific instruction about not considering the breathalyzer was also not an error.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: October 27, 2023, Case #: 22-P-551, Categories: Evidence, Dui, Vehicle
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J. Englander finds that the lower court properly dismissed the worker's claims against his employer and the property owner after the property owner's dilapidated garage wall fell on him while he was working on it. The worker was hired to remove the garage due to its poor condition and it was clear that the garage was in bad shape. Furthermore, the worker already made a workers' compensation claim, which has been settled. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: September 13, 2023, Case #: 22-P-372, Categories: Premises Liability, Workers' Compensation
J. englander vacates the judgments and remands a case brought against the defendant for allegedly committing larceny and interfering with a gas meter to make it look like his businesses used less gas than they did. The trial judge made a statement to the jury that implied the burden of proof was on the defendant to prove that the damaged gas station at his premises were not damaged by him, which is incorrect and could have impermissibly swayed the jury.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: August 14, 2023, Case #: 20-P-1299, Categories: Jury, Jury Instructions
J. Englander vacates the trial court's dismissal of a group of consumers' claim for injunctive relief pertaining to a tax they paid for a cell phone when it was bundled with cell phone services. Under the tax directive at issue, consumers are paying tax at more than the price they paid for the phone. Vacated in part.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: June 22, 2023, Case #: 21-P-805, Categories: Tax, Consumer Law