Justia Maine Supreme Court Opinion Summaries

The Supreme Judicial Court of Maine upheld the conviction of Ralph A. Tripp Jr., who was found guilty of several drug-trafficking offenses, possession of a firearm by a prohibited person, and criminal forfeiture of property. Tripp appealed on the grounds that he should be immune from prosecution for his drug-related offenses, that there were errors in the State's conduct during its opening statement and closing argument, and that the jury was not provided with clear instructions. The court ruled that Maine’s immunity statutes did not apply in this case, that any prosecutorial error did not affect Tripp’s substantial rights, and that the trial court sufficiently corrected any potential confusion stemming from its initial jury instructions. The court therefore affirmed the judgment. The case involved Tripp and his wife, Amanda Tripp, who resided in a rooming house in Bangor. After the Tripps moved in, residents noticed an increase in visitors, found hypodermic needles outside the building, and frequently observed the Tripps letting visitors into the building. On one occasion, Tripp called 9-1-1 to report a person unconscious in one of the shared bathrooms of the rooming house. The person was later pronounced dead, and the cause of death was determined to be acute intoxication from multiple drugs. When the police executed a search warrant for Tripp’s room, they seized a handgun, various drugs, drug paraphernalia, and cash. Tripp was subsequently charged with several offenses. View "State v. Tripp" on Justia Law

After Plaintiff gave birth to a son, she filed a complaint against Merck & Co., Inc. and the United States, alleging that a community health center physician negligently failed to insert into her arm an implant manufactured by Merck that was designed to prevent pregnancy as a result of Merck’s defective applicator. The federal court certified questions of state law to the Maine Supreme Judicial Court. The Court answered (1) the protection of Maine’s Wrongful Birth statute extends to Merck as a drug manufacturer and distributor; and (2) pursuant to the Wrongful Birth statute, Plaintiff may not recover any damages on her claims against either defendant because of the nature of the procedure she underwent. View "Doherty v. Merck & Co., Inc." on Justia Law

In 2010, the City of Eastport learned that Husson University would no longer lease seventeen acres of publicly owned oceanfront property after the 2011-12 school year. In 2011, the City Council voted to accept an offer by First Perry Realty, LLC and CPM Constructors to purchase the property for $300,000. Phyllis Bradbury and David Gholson brought this action seeking declaratory and equitable relief that would prevent the sale of the City property, arguing that the sale of the property was not “advertised” within the meaning of the Eastport City Charter then in effect. The superior court denied relief. The Supreme Judicial Court affirmed, holding that the City Council took adequate measures to publicly advertise the sale of the property. View "Bradbury v. City of Eastport" on Justia Law