Justia Maine Supreme Court Opinion Summaries

The Supreme Judicial Court affirmed the judgment of the superior court entering summary judgment in favor of Karen and Ronald White on Cecelia Boles's complaint alleging premises liability, holding that there was no error in the proceedings below.Boles was a guest of tenants who rented a two-story house owned by the Whites. Boles was injured when she descended the staircase between the first and second floor and fell at the landing at the bottom of the staircase. Boles brought suit against the Whites on the theory of premises liability for injuries she sustained in the fall. The trial court granted summary judgment in favor of the Whites, concluding that the tenants were in exclusive control of the premises, that the Whites did not expressly agree to maintain the premises in good repair, and that there was no alternative basis for finding the Whites liable. The Supreme Court affirmed, holding that Boles's claims on appeal were unavailing. View "Boles v. White" on Justia Law

The Supreme Judicial Court affirmed Defendant's conviction of intentional or knowing murder, elevated aggravated assault, and robbery, holding that none of Defendant's arguments on appeal had merit.On appeal, Defendant argued that the trial court erred in refusing to instruct the jury on the defense of duress and that the court abused its discretion by precluding his expert witness from expressing an opinion that it was “more likely than not” that the surviving victim was “confabulating” her memory when recalling what happened during the shootings that resulted in the criminal charges. The Supreme Judicial Court affirmed, holding (1) the trial court properly declined to instruct the jury on the defense of duress; and (2) the court did not abuse its discretion in excluding the expert's statement. View "State v. Murray" on Justia Law

The Supreme Judicial Court dismissed as interlocutory Father's appeal from a judicial review order requiring him to return his child to Maine, holding that Father's appeal of the interlocutory order was not permitted.After a hearing to address Father's request for a parental rights and responsibilities order and to perform a judicial review regarding the child's relocation to Florida with Father, the court found that there was no jeopardy as to Father and ordered that the child remain in his custody subject to certain conditions. Father appealed this order. The Supreme Judicial Court dismissed the appeal, holding that appeal was interlocutory and not authorized under statute. View "In re Child of Nicholas G." on Justia Law

The Supreme Judicial Court remanded this matter challenging the superior court's judgment affirming a decision of the Board of Dental Practice sanctioning Appellant, a licensed dentist in Maine, for unprofessional conduct for her failure to timely provide patient medical records, holding that the Board's findings of fact were insufficient to permit judicial review.An attorney who represented one of Appellant's patients sent a request to Appellant for the patient's medical records. When the request was refused, the attorney filed a complaint with the Board. The Board found that Appellant had engaged in unprofessional conduct, thereby violating Me. Rev. Stat. 18325(1)(E), and sanctioned Appellant. The superior court upheld the Board's decision. The Supreme Judicial Court vacated the superior court's judgment and remanded the matter, holding that the Board did not make sufficient factual findings, precluding review. View "Narowetz v. Board of Dental Practice" on Justia Law

The Supreme Court vacated the judgment of the superior court reversing the decision of the Board of Appeals affirming the Town of China code enforcement officer's (CEO) issuance of an after-the-fact permit to allow the placement of a trailer on Nicholas Namer's lot, holding that the operative decision of the CEO was deficient for purposes of judicial review.Kimberly and Anthony LaMarre, whose property abutted the lot at issue, objected to the trailer's placement, arguing that the trailer was not a "recreational vehicle" within the meaning of the town's land use ordinance allowing such placement. The Board of Appeals affirmed. The superior court reversed. The Supreme Court vacated the judgment below and remanded the matter with instructions to remand to the code enforcement officer, holding that the CEO's decision was deficient for purposes of judicial review. View "LaMarre v. Town of China" on Justia Law

The Supreme Judicial Court vacated Defendant's conviction for intentional or knowing murder entered in the trial court following a jury trial, holding that the trial court erred in denying Defendant's motion to suppress evidence and statements that were obtained in violation of Defendant's constitutional rights.In denying Defendant's motion to suppress, the trial court determined that the searches of Defendant's property were not unreasonable because the emergency aid doctrine supported the searches, that suppression would not be justified even if they were, and that Defendant's statements were made voluntarily. The Supreme Judicial Court vacated the judgment of conviction, holding that Defendant's rights under the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution and Me. Const. art. I, 6, 6-A were violated, and that the trial court erred in denying Defendant's motion to suppress. View "State v. Akers" on Justia Law

The Supreme Court affirmed in part and vacated in part the judgment of the superior court granting a partial summary judgment in favor of Defendants on count two of Plaintiff's second amended complaint seeking a declaratory judgment interpreting and/or reforming part of the Shea Family Living Trust, holding that the judgment was proper except as to reformation.At issue was a trust established by Patricia and William Shea that included stock issued by a particular bank. When William died, the bank redeemed its stock, and after Patricia died, the successor trustee distributed the remaining assets of the trust, which no longer included the bank stock. Plaintiffs, Patricia's nieces and nephews, brought this action, arguing that Plaintiffs were entitled to the proceeds from the sale of the bank stock. In count two, Plaintiffs sought a declaratory judgment that the trust provided for a general devise of the bank stock and, alternatively, brought a claim for reformation. The court entered partial summary judgment for Defendant on count two of the complaint and denied and dismissed the reformation claim. The Supreme Court vacated the judgment as to the reformation claim and otherwise affirmed, holding that Defendant was entitled to summary judgment on the reformation claim. View "Connary v. Shea" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court affirming the decision of the Secretary of State to draft a single ballot question for a direct initiative, holding that the Secretary of State did not err or abuse her discretion in writing a single question in this instance.The direct initiative at issue proposed "An Act To Require Legislative Approval of Certain Transmission Lines, Require Legislative Approval of Certain Transmission Lines and Facilities and Other Projects on Public Reserved Lands and Prohibit the Construction of Certain Transmission Lines in the Upper Kennebec Region.” Appellant argued that the Secretary of State was statutorily required to prepare a separate question for each of three separate issues addressed by the direct initiative. The Supreme Judicial Court disagreed, holding that the Secretary of State did not abuse her discretion in reading the initiated bill in the conjunctive and drafting a single, concise ballot question describing the single Act. View "Caiazzo v. Secretary of State" on Justia Law

The Supreme Judicial Court vacated the judgment of the trial court accepting Defendant's conditional guilty plea to escape, holding that, by separately trying Defendant for criminal threatening in Sagadahoc County and then for escape in Kennebec County, the State violated Me. Rev. Stat. 17-A, 14.Defendant was arrested for criminal threatening with a dangerous weapon shortly after he allegedly left the custody of a psychiatric center without permission. A jury acquitted Defendant of the criminal threatening charge in Sagadahoc County. Thereafter, the State charged Defendant with escape in Kennebec County. Defendant entered a conditional guilty plea to the charge and then appealed. The Supreme Judicial Court vacated the trial court's judgment, holding (1) Sagadahoc County was a proper venue to prosecute Defendant for escape because it was the county in which he was apprehended; and (2) the trial court's finding that Defendant's alleged threat against a family member arose from the same criminal episode was supported by the record. View "State v. Gessner" on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court declining Patricia Monteith's request to register in Maine a child support order issued in Maryland against George Monteith as to the parties' four children, holding that the district court did not err.In 2002, Patricia and George were divorced in Maine by a decision requiring George to pay child support to Patricia. Patricia and the children subsequently moved to Maryland. Ten years after the divorce, Patricia initiated a proceeding in Maryland seeking modification of the Maine child support order. The Maryland modification proceedings culminated in the entry of an agreed-to modified child support order. The district court vacated the registration of the Maryland order, concluding that the order was void ab initio based on the parties' failure to file the required consents in Maine to the Maryland court's exercise of jurisdiction. The Supreme Judicial Court affirmed, holding that the parties' failure to file consents pursuant to Me. Rev. Stat. 19-A, 2965(2)(A) deprived the Maryland court of subject matter jurisdiction to modify Maine's 2002 support order, rendering the Maryland order void ab initio. View "Monteith v. Monteith" on Justia Law