Massachusetts Appeals Court

Commonwealth v. Wesly Aguilar-Valenzuela - OUI Conviction Appeal

The Massachusetts Appeals Court affirmed a conviction for operating under the influence (OUI). The defendant appealed the admission of impairment testimony and the lack of a limiting instruction. The court found no error in the trial.

M.E. v. A.E. - Domestic Violence Restraining Order Appeal

The Massachusetts Appeals Court vacated a domestic violence restraining order (G. L. c. 209A) because the judge improperly continued the ex parte order without testimony or cross-examination, relying solely on evidence from a related criminal matter. The court found this violated due process for the defendant.

Saias v. Kantor - Massachusetts Appeals Court Opinion

The Massachusetts Appeals Court issued a non-precedential summary decision in Isaac Saias v. Marianna Kantor. The court affirmed a lower court's dismissal of the plaintiff's claims, which arose from the parties' 2005 divorce, due to lack of subject matter jurisdiction and pendency of a prior action.

Commonwealth v. Jean P. Durand - Criminal Assault and Battery Appeal

The Massachusetts Appeals Court affirmed a conviction for assault and battery by means of a dangerous weapon causing serious bodily injury. The court found sufficient evidence to sustain the conviction despite the defendant's claim of not being criminally responsible due to mental illness.

Stephen Stoute v. Joseph Aoun - Breach of Contract Appeal

The Massachusetts Appeals Court affirmed a lower court's dismissal of a breach of contract and discrimination lawsuit filed by Stephen Stoute against Northeastern University and its trustees. The plaintiff appealed after the Superior Court dismissed the case, including claims related to admission to the university's college of engineering.

Agnitti v. Philip Morris USA Inc. - Massachusetts Appeals Court Opinion

The Massachusetts Appeals Court issued an opinion in Agnitti v. Philip Morris USA Inc., affirming a jury verdict for the defendant. The plaintiff appealed jury instructions related to claims of negligence, product defect, fraud, and violations of the Consumer Protection Act.

Massachusetts Appeals Court Opinion on Marcie's Care

The Massachusetts Appeals Court issued a non-precedential opinion affirming a Juvenile Court judgment that found parents unfit and granted permanent custody of a child to the Department of Children and Families (DCF). The decision addresses parental unfitness due to housing, educational, and medical neglect, as well as substance use and mental health issues.

Commonwealth v. Greg McCollum - Massachusetts Appeals Court Opinion

The Massachusetts Appeals Court vacated judgments against Greg McCollum for operating under the influence (OUI) and negligent operation of a motor vehicle. The court found the verdicts and subsequent offense finding to be in error and set them aside.

Stanley Webb v. George Leontire - Legal Opinion

The Massachusetts Appeals Court issued a non-precedential summary decision in Stanley Webb v. George Leontire. The court affirmed a lower court judgment, allowing cross-examination on criminal matters and upholding the defendant's earned fee.

Doe v. Sex Offender Registry Board - Sex Offender Classification Appeal

The Massachusetts Appeals Court issued a non-precedential decision in John Doe v. Sex Offender Registry Board, upholding a Superior Court judgment that affirmed the Board's classification of Doe as a level three sex offender. The court found the classification was supported by clear and convincing evidence and that the hearing examiner properly considered mitigating factors.