Justia Maine Supreme Court Opinion Summaries
Francoeur v. Berube
The Supreme Judicial Court affirmed in part and vacated in part the judgment entered in the district court establishing parental rights and responsibilities concerning Father's child with Mother, holding that the court's judgment included a finding regarding domestic violence that was contrary to the evidence.Father filed a complaint for the determination of parental rights and responsibilities, and Mother filed an answer and counterclaim. After the district court entered its judgment Father appealed. The Supreme Judicial Court vacated in part the judgment below, holding (1) the court did not err in calculating Father's gross income for purposes of child support; and (2) the court clearly erred in finding that Father did not dispute Mother's testimony that he grabbed, pushed, and choked her, and the error was not harmless. View "Francoeur v. Berube" on Justia Law
Posted in:
Family Law
State v. Hunt
The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of two counts of gross sexual assault and two counts of unlawful sexual contact, holding that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Judicial Court held (1) the district court did not abuse its discretion in denying Defendant's motion for a continuance; (2) there was no constitutional error in the trial court's ruling requiring that participants in Defendant's trial be masked; (3) there was no prosecutorial error in either the State's opening or closing argument or in the State's rebuttal argument; and (4) Defendant's claims of evidentiary error were unavailing. View "State v. Hunt" on Justia Law
Jortner v. Secretary of State
The Supreme Judicial Court held that Wayne Jortner, Richard Bennett, John Clark, and Nicole Grohoski (collectively, Jortner) met his burden to demonstrate that a ballot question for citizen-initiated legislation was not "understandable to a reasonable voter reading the question for the first time" and that it would mislead a reasonable voter under Me. Rev. Stat. 21-A, 905(2).Jortner brought this action seeking judicial review of the Secretary of State's decision upon the final wording of the ballot question for the citizens' initiative proposing legislation entitled "An Act To Create the Pine Tree Power Company, a Nonprofit, Customer-owned Utility." At issue was whether Pine Tree Power Company should be described as "consumer-owned" rather than "quasi-governmental." The superior court entered judgment for Jortner. The Supreme Judicial Court affirmed, holding that the Secretary of State's use of the term "quasi-governmental" did not comply with her responsibilities to ensure that the description of the subject matter was understandable to a reasonable voter reading the question for the first time. View "Jortner v. Secretary of State" on Justia Law
Posted in:
Election Law
State v. Asante
The Supreme Judicial Court affirmed Defendant's conviction of intentional or knowing murder and his thirty-five-year sentence, holding that Defendant was not entitled to relief on his allegations of error.After a jury trial, Defendant was convicted of murder and robbery of the same victim. On remand, the trial court sentenced Defendant to thirty-five years for the murder conviction and twenty tears for the robbery conviction, to be served concurrently. The Supreme Judicial Court affirmed, holding (1) the lower court did not violate Defendant's constitutional rights to a sentence proportional to the offense in imposing the sentence; and (2) the lower court did not obviously err in failing to provide the jury a self-defense instruction under Me. Rev. Stat. 108(2)(A)(2). View "State v. Asante" on Justia Law
Posted in:
Criminal Law
Winchester v. State
The Supreme Judicial Court vacated the judgment of the post-conviction review (PCR) court denying Appellant's PCR petitions, holding that the PCR court misconstrued aspects of the relevant law.In his speedy trial petitions, Defendant argued that his rights to a speedy trial had been violated and that his trial counsel provided ineffective assistance by failing to raise his speedy trial claims. The PCR court denied the petition. Thereafter, Defendant sought a certificate of probable cause. The Supreme Judicial Court vacated the judgment below, holding (1) the PCR court utilized a faulty analysis in concluding that there was no merit to Defendant's speedy trial claim; and (2) because the PCR court did not analyze counsel's strategy in failing to assert Defendant's right to a speedy trial the case must be remanded. View "Winchester v. State" on Justia Law
State v. Lepenn
The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of one count of aggravated trafficking in scheduled drugs and two counts of criminal forfeiture, holding that the trial court did not err in denying either Defendant's motion to suppress or his motion for discovery.On appeal, Defendant argued that the trial court erred when it denied his motion to suppress and his request for additional discovery relating to the State's cooperating defendant. The Supreme Judicial Court affirmed, holding (1) law enforcement agents had probable cause to support their stop of Defendant, and therefore, the trial court did not err when it denied Defendant's motion to suppress; and (2) the trial court did not abuse its discretion in denying Defendant's discovery motion. View "State v. Lepenn" on Justia Law
State v. Murray-Burns
The Supreme Judicial Court vacated the series of consecutive sentences imposed by the trial court upon Appellant's guilty pleas to ten counts of aggravated attempted murder and other crimes, holding that the trial court did not make the factual findings required for the imposition of consecutive sentences.Appellant pleaded guilty to ten counts of aggravated attempted murder, one count of robbery, one count of failure to stop, and one count of theft. The trial court sentenced Appellant to an aggregate of 225 years of incarceration, with no less than thirty years to be served. The State later agreed that the sentence imposed was unlawful. The Supreme Judicial Court vacated the sentences, holding that the court imposed consecutive sentences without making the required findings and providing the required explanation for each conviction, in violation of Me. Rev. Stat. 17-A, 1608(1). View "State v. Murray-Burns" on Justia Law
Posted in:
Criminal Law
Kneizys v. Federal Deposit Insurance Corp.
The Supreme Judicial Court answered a certified question as follows: no warranty is implied by the use of the term "Warranty Deed" to describe an instrument which "grants...real property with the buildings and improvements thereon...being the same premises conveyed to GRANTOR" by prior deed.The United States District Court for the Western District of Washington certified to the Supreme Judicial Court the question of whether, under Maine law, any warranty was implied by use of the term "Warranty Deed" to describe the instrument at issue and, if so, which warranty or warranties were implied. The Supreme Judicial Court answered the question in the negative, concluding that no warranty was implied by the use of the term "Warranty Deed" to describe an instrument that "grants...real property with the buildings and improvements thereon...being the same premises conveyed to GRANTOR" by prior deed. View "Kneizys v. Federal Deposit Insurance Corp." on Justia Law
Posted in:
Real Estate & Property Law
State v. Osborn
The Supreme Judicial Court affirmed Defendant's conviction for aggravated trafficking of scheduled drugs and unlawful possession of scheduled drugs, holding that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Judicial Court held (1) the trial court did not commit clear error when it allowed ta confidential informant (CI) to testify regarding the manner in which he had previously met with Defendant to obtain drugs; (2) any prosecutorial error during closing argument about the role of CIs in society did not affect Defendant's substantial rights; and (3) there was no error in the jury instructions given during the proceedings below. View "State v. Osborn" on Justia Law
Posted in:
Criminal Law
State v. Moore
The Supreme Judicial Court affirmed Defendant's conviction of murder but vacated his sentence, holding that a criminal defendant's decision to exercise his constitutional right to a trial by jury may not be considered at sentencing.After a seven-day trial at which Defendant did not testify, the jury returned a verdict of guilty to murder. After a sentencing hearing, the court found that there were no mitigating circumstances and imposed a thirty-two-year sentence. The Supreme Judicial Court vacated Defendant's sentence, holding that the trial court (1) did not err when it denied Defendant's request to provide him with access to the grand jury transcript; but (2) abused its discretion by referencing Defendant's demand for a jury trial in determining the genuineness of Defendant's claim of personal reform and contrition. View "State v. Moore" on Justia Law