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Appeals Court (Unpublished)

Apr 27, 2021

Civil practice – Sex offender classification – Internet dissemination

Where the Sex Offender Registry Board classified a plaintiff as a Level 2 sex offender, a remand is necessary for further findings on the issue of internet dissemination and whether […]

Apr 27, 2021

Tort – Harassment – Prevention order

Where a District Court judge granted a plaintiff’s request for a harassment prevention order pursuant to G.L.c. 258E, the plaintiff’s evidence falls short of establishing three or more acts of […]

Apr 27, 2021

Criminal – Pleas – Immigration advice

Where a defendant moved to withdraw his guilty pleas, claiming that his counsel did not properly advise him of the immigration consequences, a judge’s decision to deny that motion should […]

Apr 27, 2021

Criminal – Reckless endangerment

Where a defendant was convicted of three counts of reckless endangerment of a child in violation of G.L.c. 265, section13L, one of those convictions must be reversed because the evidence […]

Apr 22, 2021

Criminal – Witness intimidation – Facebook

Where a defendant was charged with witness intimidation based on a Facebook message he sent to the victim of a sexual assault that the defendant’s brother-in-law was convicted of committing, […]

Apr 22, 2021

Employment – Discrimination – Pretext

Where a defendant bank was granted summary judgment on a terminated plaintiff’s claims of race and national origin discrimination and retaliation, a remand must be ordered because the plaintiff met […]

Apr 19, 2021

Prisons – Postage – Overcharging

Where a plaintiff prisoner’s two complaints alleging that he was overcharged for postage were dismissed, the dismissal order must be reversed because the allegations in the complaints differ from those […]

Apr 14, 2021

Criminal – Self-defense – Assault and battery

Where a Superior Court jury convicted a defendant of assault and battery, unlawful possession of a firearm, resisting arrest, and assault by means of a dangerous weapon, the conviction of […]

Apr 14, 2021

Criminal – Firearm possession – Inferences

Where a defendant was convicted of unlawful possession of a firearm, subsequent offense, and resisting arrest, the firearm conviction must be reversed because the jury could only have reached a […]

Apr 9, 2021

Real property – Condominium – Parking

Where a plaintiff owner of a condominium unit filed a complaint challenging an off-street parking program implemented by the condominium board of trustees, a judgment dismissing the complaint should be […]

Apr 9, 2021

Civil practice – Sex offender classification

Where the Sex Offender Registry Board classified a plaintiff as a Level 2 sex offender, a remand is necessary in light of Doe, Sex Offender Registry Bd. No. 496501 v. […]

Apr 9, 2021

Criminal – Armed career criminal – Resisting arrest

Where (1) a jury convicted a defendant of unlawful possession of a firearm and possession of a firearm with a defaced serial number and (2) after a subsequent jury-waived trial, […]

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