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Massachusetts False Imprisonment Law


The charges brought against Arias stem from an
investigation that began in 2012 of Jason Melchionda. Melchionda
was the suspected head of a drug-trafficking organization
operating on Massachusetts' North Shore.1 Pursuant to a warrant,
law enforcement officers serving on a task force for the United
States Drug Enforcement Agency ("DEA") tapped the phones of
Melchiond... More...
   $0 (02-18-2017 - MA)

UNITED STATES OF AMERICA v. KEYON A. TAYLOR, a/k/a Key, a/k/a Keyon Taylor

Taylor raises many challenges to his conviction and
sentence on appeal, but the sufficiency of the evidence is not one
of them. So, we give a balanced presentation of those facts
necessary to understand the parameters of this appeal and our
disposal of it. See United States v. Burgos-Montes, 786 F.3d 92,
99 (1st Cir. 2015), cert. denied, 136 S. Ct. 599 (2015).1 The
de... More...
   $0 (02-13-2017 - MA)

United States of America v. Keyon A. Taylor, a/k/a Key, a/k/a Keyon Taylor

Keyon Taylor ("Taylor") shot
and beat a postal worker, and then hijacked his truck in a botched
robbery scheme. The ordeal finally came to an end when the worker
popped the truck's rear gate and jumped out of the moving vehicle
to try and save his own skin. Taylor was convicted of multiple
federal crimes arising from this episode, then sentenced to just
shy of thirty years ... More...
   $0 (02-12-2017 - MA)


We begin with Herman's challenge to her convictions,
which is predicated entirely upon purported deficiencies in the
district court's instructions on the reasonable doubt standard.
Because Herman failed to object to the instructions below, we
review only for plain error. See United States v. Van Anh, 523
F.3d 43, 57 (1st Cir. 2008). In order to satisfy this demanding More...
   $0 (02-07-2017 - MA)

United States of America v. Medstar Ambulance, Inc.

Boston, MA - Medstar Ambulance to Pay $12.7 Million to Resolve False Claims Act Allegations Involving Medically Unnecessary Transport Services and Inflated Claims to Medicare

Medstar Ambulance Inc., including four subsidiary companies and its two owners, Nicholas and Gregory Melehov, have agreed to pay $12.7 million to resolve allegations that the Massachusetts-based ambulance company kno... More...
   $12700000 (01-19-2017 - MA)

State of Tennessee v. Edythe Christie

Defendant, a lawyer, was indicted by the Madison County Grand Jury in September of 2014 for tampering with evidence. The case against Defendant arose in conjunction with the investigation into the death of Brittany Christie, who was found dead in a motel room in Jackson, Tennessee, in early December of 2013 from an apparent
- 2 -
overdose of heroin and Klonopin. John Christie, Defendan... More...
   $0 (01-01-2017 - MA)

United States of America v. Lydia Torres

Boston, MA - Worcester Woman Sentenced for Stealing Identities

A Worcester woman was sentenced in connection with filing false tax returns.

Lydia Torres, 45, was sentenced by U.S. District Court Judge Timothy S. Hillman to one year and one day in prison, one year of supervised release and ordered to pay restitution of $393,093 to the Internal Revenue Service. In August 2016, To... More...
   $393093 (12-29-2016 - MA)

Ronnie Jones v. City of Boston

Making their second appearance before this court are eight police officers, a police cadet, and
a provisionally hired 911 operator (collectively, the "Officers"),
who claim that they suffered adverse employment actions by the
Boston Police Department ("Department") as a result of a racially
discriminatory hair drug test. Eschewing any claim that the
De... More...
   $0 (12-29-2016 - MA)


On February 4, 2014, the Peabody Police Department
responded to the report of a home invasion in Peabody,
Massachusetts. Agent Kotchian also responded to the scene. The
residents reported that the intruders had stolen a Ruger 9mm
caliber handgun and a diamond ring, and the Peabody Police
Department requested Agent Kotchian's assistance with the
investigation of the h... More...
   $0 (12-04-2016 - MA)


Case No. - 11-P-729

The defendant, Quincy Butler, appeals from his convictions of murder in the second degree (G. L. c. 265, § 1),

2 and eight related offenses.1 The defendant was tried with a codefendant, William Wood, on a theory of joint venture for crimes committed in the course of a botched kidnapping and robbery attempt.2 Wood was convicted of murder in the first degree and various other ... More...
   $0 (11-04-2016 - MA)


Following a jury-waived trial in the Orange Division of the District Court Department in March, 2014, the defendant, Randy A. LeBlanc, was found guilty of knowingly causing damage to another automobile in a private driveway and 2 leaving without identifying himself to the owner under G. L. c. 90, § 24 (2) (a).1 He appealed, and the Appeals Court affirmed the conviction in a memorandum a... More...   $0 (10-29-2016 - MA)


The question presented in this case is whether
it was reasonable for police to seize and inventory the contents
of a backpack found in the back seat of a vehicle operated by
the defendant, Jahliel M. Nicoleau, upon his arrest. The
vehicle was parked in front of his home where he lived with his
grandmother, who was present at the scene, and to whom the
police gave oth... More...
   $0 (10-15-2016 - MA)


The issue in this case concerns the proper
application of the doctrine of collateral estoppel, as embodied
in the double jeopardy clause of the Fifth Amendment to the
United States Constitution and in Massachusetts statutes and
common law. See Ashe v. Swenson, 397 U.S. 436 (1970);
Commonwealth v. Benson, 389 Mass. 473 (1983). See also G. L.

In 2011, nearly for... More...
   $0 (10-15-2016 - MA)


In August, 2013, a Middlesex County grand jury
indicted the defendant, Imran Laltaprasad, on a charge of
possession with intent to distribute heroin, subsequent offense,
G. L. c. 94C, § 32 (a), (b); and two charges of possession with
intent to distribute cocaine, subsequent offense, G. L. c. 94C,
§ 32A (c), (d). In July, 2015, a jury found the defendant
guilty of po... More...
   $0 (10-15-2016 - MA)


Except where indicated, the following facts are not in dispute. Brendan Higgins, Joshua Huggard, and
Jordan Tobins were members and managers of numerous limited liability companies operating a small chain of pizzerias known as The Upper Crust. On April 5, 2012, Higgins, Huggard, and The Upper Crust, all of whom were represented by Levy and his firm, L & W, filed a civil lawsuit against Tob... More...
   $0 (10-06-2016 - MA)

United States of America v. Joseph Bouchard

Boston, MA - Former Letter carrier sentenced for workers comp fraud

A former U.S. Postal Service employee was sentenced for fraudulently obtaining worker’s compensation for medical travel.

Joseph Bouchard, 67, of Georgetown, Mass. was sentenced by U.S. District Court Magistrate Judge Marianne B. Bowler to six months’ probation and ordered to pay a fine of $5,000 and restitution o... More...
   $0 (09-15-2016 - MA)


The defendant applied and was approved for
subsidized housing through the Boston Housing Authority (BHA),
which entitled him to a rental unit at a rate below the market
value. He was placed on a waiting list and almost five years
later, the defendant was notified of the availability of a
subsidized apartment. By then, the defendant had already
secured alternative h... More...
   $0 (09-03-2016 - MA)


A jury convicted the defendant, Linda Mayotte,
of rape of a child, G. L. c. 265, § 23 (three indictments);
indecent assault and battery on a child under the age of
fourteen, G. L. c. 265, § 13B (five indictments); indecent
assault and battery on a child over the age of fourteen, G. L.
c. 265, § 13H (five indictments); incest, G. L. c. 272, § 17;
reckless endangerment ... More...
   $0 (08-21-2016 - MA)


In 1981, the petitioner, Frederick Clay, was convicted of murder in the first degree. The victim was a Boston taxicab driver. When the crime was committed in 1979, 1 Justice Duffly participated in the deliberation on this case prior to her retirement. Clay was a juvenile. He was sentenced to serve the statutorily mandated term of life in prison without the possibility of parole, see G. L. c.... More...   $0 (08-13-2016 - MA)

United States ex rel. Melayna Lokosky v. Acclarent, Inc.

Boston, MA - Johnson & Johnson Subsidiary Acclarent Inc. Pays Government $18 Million to Settle False Claims Act Allegations

California-based medical device manufacturer Acclarent Inc., a subsidiary of Johnson & Johnson, has agreed to pay $18 million to resolve allegations that the company caused health care providers to submit false claims to Medicare and other federal health care program... More...
   $18000000 (07-24-2016 - MA)

Commonwealth v. Gibson

The principal issue in this appeal is whether a
Superior Court judge properly ordered the forfeiture of the
defendant's right to counsel in a probation revocation hearing.
The judge, faced with a defendant who admittedly engaged in a
pattern of quarrelsome, confrontational, hostile, and
threatening conduct toward a succession of nine different court
appointed attorney... More...
   $0 (07-13-2016 - MA)

Commonwealth Of Massachusetts v. Resende

In a jury-waived trial in June, 2014, a
Superior Court judge found the defendant, Admilson Resende,
guilty of several firearms offenses, each of which had
associated with it an armed career criminal sentence enhancement
charge under G. L. c. 269, § 10G (§ 10G), the Massachusetts
armed career criminal act (Massachusetts ACCA). After a
separate jury-waived trial on ... More...
   $0 (06-09-2016 - MA)

Commonwealth v. Thompson

The defendant was convicted by a Superior
Court jury of two counts of credit card fraud over $250 in
violation of G. L. c. 266, § 37C(e); two counts of credit card
fraud under $250 in violation of G. L. c. 266, § 37B(g); two
counts of identity fraud in violation of G. L. c. 266, § 37E(b);
one count of receiving stolen property with a value in excess of
$250 in violat... More...
   $0 (06-06-2016 - MA)

Commonwealth v. Millien

On the evening of October 20, 2009, the
defendant's six month old daughter, Jahanna, was rushed to the
emergency room, unconscious and unresponsive. She was diagnosed
with traumatic brain injury, and scans of her brain showed
retinal hemorrhages, subdural hematoma, and brain swelling, the
three symptoms known as "the triad" associated with shaken baby
syndrome. The ... More...
   $0 (06-06-2016 - MA)

Commonwealth v. Mattier

The defendants, Branden E. Mattier and his half
brother Domunique D. Grice, were convicted by a jury on
indictments charging one count each of conspiracy to commit
larceny, G. L. c. 274, § 7, and attempted larceny, G. L. c. 274,
§ 6. Mattier also was convicted on an indictment charging one
count of identity fraud, G. L. c. 266, § 37E. The charges
stemmed from an atte... More...
   $0 (05-13-2016 - MA)

United States of America v. Ioanis Dimitriou

Boston, MA - Greenfield Restaurant Owner Pleads Guilty to Cooking the Books

Ioanis Dimitriou, 48, of Montague, pleaded guilty in U.S. District Court in Springfield to five counts of filing false tax returns from 2008 to 2012. Sentencing is scheduled for Aug. 30, 2016.

Dimitriou was the owner of a restaurant in Greenfield, Mass., which generated a substantial amount of cash sales... More...
   $0 (04-12-2016 - MA)

Commonwealth v. Boyd

The defendant, Michael Boyd, was convicted on
counts of an indictment charging two sentencing enhancements,
one as a second-time offender, see G. L. c. 269, § 10 (d), and
one under the Massachusetts armed career criminal (ACC) statute,1
see G. L. c. 269, § 10G (c), both premised on an underlying
conviction of unlawful possession of a sawed-off shotgun, in
violation of... More...
   $0 (04-10-2016 - MA)

Commonwealth v. Bonilla

Following a jury trial, the defendant, Luis
Bonilla, was convicted of larceny over $250 by a single scheme
(count 1), and uttering a false instrument (count 2); he was
sentenced to two one-year concurrent sentences to the house of
correction. On appeal, he argues that the evidence was
insufficient to support his convictions. We affirm the judgment
in part and revers... More...
   $0 (03-30-2016 - MA)

Timothy Kane v. Town of Sandwich, Massachusetts

Boston, MA - Retired Sandwich Police Officer Awarded $225,000 for Emotional Distress

Timothy Kane, a retired police officer, sued the Town of Sandwich, Massachusetts on a civil rights violation theory under the Uniformed Services Employment and Reemployment Rights Act and retaliation theories claiming that he was passed over for promotions because of his military service.

Kane ... More...
   $225000 (03-19-2016 - MA)

Commonwealth v. Henderson

Following a trial on multiple indictments, a
jury convicted the defendant, Keith Henderson, on two
indictments charging leaving the scene of an accident causing
personal injury in violation of G. L. c. 90, § 24(2)(a1/2)(1),
and on three indictments charging leaving the scene of an
accident causing property damage in violation of G. L. c. 90,
§ 24(2)(a).1 On appeal, ... More...
   $0 (03-15-2016 - MA)


A Superior Court jury found the defendant guilty of the attempted armed robbery and murder in the first
degree of Michelle Diaz on theories of extreme atrocity or cruelty and felony-murder. In this direct appeal from his
convictions, the defendant challenges the admission in evidence
of his videotaped statement to the police, and the admission of
an enhanced recording of a st... More...
   $0 (03-11-2016 - MA)

UNITED STATES v. JAMES J. BULGER, a/k/a Jimmy, a/k/a Whitey, a/k/a Jim

The factual underpinning of this case is considerable. The
events span decades and the cast of characters is large but this
appeal is circumscribed in scope making only certain details
pertinent. We chart the relevant origin and travel of the case,
saving the facts related to the maintained errors for later.1
A. The Indictment
In 2001, Bulger, who was on the run ... More...
   $0 (03-07-2016 - MA)

Bulwer v. Mount Auburn Hospital

Massachusetts law prohibits employers from
discriminating against their employees on the basis of, among
other things, race or national origin. See G. L. c. 151B, § 4.
Because direct proof of such discrimination is rarely available,
employees filing claims under G. L. c. 151B, § 4, are permitted
to prove discrimination without direct evidence of
discriminatory inte... More...
   $0 (03-01-2016 - MA)

Clark v. Leisure Woods Estates, Inc.

This appeal involves a series of landlord tenant disputes in the manufactured housing context. The plaintiffs, residents of Leisure Woods Estates (Leisure Woods),
a manufactured housing community in Orange, filed a complaint
alleging that the defendant, Leisure Woods Estates, Inc., which
owns, operates, and maintains Leisure Woods, failed to properly
maintain and repair the co... More...
   $0 (02-23-2016 - MA)

Commonwealth v. Zammuto

Following a jury trial in District Court, the
defendant was convicted of assault and battery by means of a
dangerous weapon, G. L. c. 265, § 15A; and a civil rights
violation, G. L. c. 265, § 37. On appeal, he contends (1) he
was denied a fair trial when, after he defaulted, the trial
proceeded in his absence, (2) the judge erred in failing to
instruct the jury regar... More...
   $0 (02-22-2016 - MA)

Commonwealth v. Perez

"[W]here's Phyllis?" A bank teller posed that
question to the defendant who was seeking to withdraw $300 from
the checking account of an absent bank customer. The defendant,
who worked as a customer service representative at the bank, had
presented a withdrawal slip purportedly signed by Phyllis Wall,
an elderly customer who relied on a walker and was well known to
... More...
   $0 (02-03-2016 - MA)

Commonwealth v. Dame

Clara Provost (victim) was brutally murdered in
the bedroom of her apartment sometime after 10:30 P.M. on
January 6 or early in the morning hours of January 7, 1974. The
subsequent police investigation focused on several potential
suspects. A year of investigation produced a circumstantial but
not very strong case against the defendant, including a brief
prior dati... More...
   $0 (02-03-2016 - MA)

Commodity Futures Trading Comm v. Wilson

In this commodity trading fraud case brought by the Commodity Futures Trading Commission ("CFTC"
or "Commission") against John B. Wilson and JBW Capital LLC ("JBW"), the Massachusetts federal district court granted on summary judgment the CFTC's request for a finding of liability,
and imposed injunctive relief and civil penalties. It declined to
award restitution, as measured by l... More...
   $0 (01-31-2016 - MA)

Commonwealth v. Moore

In October, 2011, the New Hampshire parole board issued a certificate of parole to the defendant, Lawrence Moore,
who was serving a sentence of from two and one-half to ten years for assault with a firearm. The defendant's parole was
transferred to the Commonwealth in May, 2012. On November 16, 2012, the defendant's parole officer and others searched the
defendant's apartment wit... More...
   $0 (01-11-2016 - MA)

Commonwealth v. Rezendes

In July, 2013, a jury convicted the defendant on two indictments charging assault and battery by means of a dangerous weapon and three indictments involving weapons charges: unlawful possession of a firearm, in violation of G. L. c. 269, § 10(a); unlawful discharge of a firearm within 500 feet of a building, in violation of G. L. c. 269, § 12E; and unlawful possession of a loaded firearm, in viol... More...   $0 (01-09-2016 - MA)

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