Results tagged “massachusettsappealscourt”

In court decisions, it is not uncommon for judges to refer to "the infinite wisdom of the legislature." Bostonist realizes that this may be an exaggeration, but we understand what it means: When it comes to ordinary, non-constitutional cases, courts are stuck with what the law actually says, not what it ought to say. A decision issued by the Massachusetts Appeals Court today (Commonwealth v. Clay) provides an excellent and amusing example of this principle: Escaping from jail or prison is, as you might expect, a crime. However, the law that makes it a crime specifies that escape must be from a "penal institution." Another law defines "penal institution" in such a way that the term does not apply to a cell block in a police station. End result: Because of a legislative oversight, it is not illegal to escape from some police lock-ups. So even though the defendant in this case went missing from his cell in the Cambridge police station and "was discovered halfway down the length of the cell block, hiding in a two-foot gap between the top of the cell block and the building ceiling," his escape conviction was overturned. As the Appeals Court decision gently puts it, "The Legislature may wish to enact a statute that includes the conduct that occurred here."

Bostonist read in Sunday's New York Times that a recent study proves what Tom DeLay has been saying for ages: the legal establishment is hopelessly liberal (as evidenced by a preponderance of donations to Democratic candidates and causes among law professors). Now, being practically a communist, Bostonist has never found almost any group of Americans sufficiently left-leaning for our tastes, and we certainly didn't feel overwhelmed with liberal claptrap during our years at Boston University...

With all the important, ground-breaking legal news that seems to come out of our state, you might be forgiven for thinking that lawyers and judges regularly get to see unique, brand-new, revolutionary cases and legal arguments. In fact, Bostonist can assure you that the great bulk of the work that a Massachusetts lawyer does is about as entertaining as, say, an episode of Boston Legal. For that reason, dear reader, we feel we should bring...