Justia Maine Supreme Court Opinion Summaries
In re Child of Nichole W.
The Supreme Judicial Court affirmed the judgment of the district court terminating Mother's parental rights to her child, holding that the court did not err or abuse its discretion in terminating Mother's parental rights.Mother left the hospital after giving birth to Child without taking Child with her. At the time of the termination hearing, Mother had not seen Child for more than a year. Despite having notice of a hearing for the termination of her parental rights, Mother did not appear. The district court terminated Mother's parental rights under Me. Rev. Stat. 22, 4055(1)(A)(1)(a), (1)(B)(2)(A), (b)(i)-(iv). The Supreme Judicial Court affirmed, holding (1) the evidence was sufficient to support all four grounds of unfitness found by the district court; and (2) the record supported the court's determination that termination of Mother's parental rights was in the best interest of the Child. View "In re Child of Nichole W." on Justia Law
Posted in:
Family Law
State v. Thurlow
The Supreme Judicial Court vacated the judgment of the trial court convicting Defendant of operating under the influence, operating after suspension, and criminal speeding, holding that the court's instructions contained obvious error by informing the jury that it could consider evidence of a failure to submit to a test on the issue of operation.On appeal, Defendant argued that he did not receive a fair trial because the jury was instructed about how it could properly consider evidence of his failure to submit to a breath or blood alcohol test. The Supreme Court agreed and remanded the case for a new trial, holding (1) because the jury instructions misstated the law and remained incorrect by any other component of the jury charge the instructions constituted plain error; and (2) the error rose to the level of obvious error because there was a reasonable probability that it affected the outcome of the trial and Defendant's substantial rights. View "State v. Thurlow" on Justia Law
Posted in:
Criminal Law
In re Child of Rebecca R.
The Supreme Judicial Court affirmed the judgment of the district court terminating Parents' parental rights to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a), (B)(2)(a), (B)(2)(b)(i)-(ii), (iv), holding that the district court did not err.Specifically, the Supreme Judicial Court held (1) the district court did not err or abuse its discretion in finding by clear and convincing evidence that each parent was unfit; (2) Mother's argument that her constitutional rights to due process and equal protection were violated when the court terminated her parental rights based solely on her financial status was grounded on a faulty premise; (3) the court did not err in declining to allow a witness who testified at the hearing to testify as an expert; and (4) the court's factual finding that Father's unorthodox sleep pattern was a choice and not a disability was not clearly erroneous, and therefore, the court did not err in declining to accommodate the sleep pattern. View "In re Child of Rebecca R." on Justia Law
Posted in:
Family Law
Fox v. Fox
In this divorce case, the Supreme Judicial Court affirmed the judgment of the district court granting Karen Fox's motion to enforce the provision of the divorce judgment requiring Elwood Fox to pay towards his children's college expenses, holding that there was no error of law or abuse of discretion in the court's findings or judgment.In a separate motion, Karen requested sanctions for filing a frivolous or contumacious appeal. The Supreme Judicial Court both affirmed the judgment on the motion to enforce and awarded Karen attorney fees, holding that a sanction was warranted for this frivolous appeal and that Karen demonstrated that she was entitled to reasonable attorney fees. View "Fox v. Fox" on Justia Law
Posted in:
Family Law
State v. Sweeney
The Supreme Judicial Court affirmed Defendant's conviction of murder entered by the trial court after a jury-waived trial, holding that that the court did not err in admitting certain testimony given by the mother of the victim and that the sentence was without error.Specifically, the Court held (1) the trial court erred in admitting the mother's hearsay testimony, but the error was harmless because it was highly probable that the error did not affect the factfinder's judgment; and (2) the court did not "double-count" the factor of domestic violence in reaching its sentence. View "State v. Sweeney" on Justia Law
Posted in:
Criminal Law
In re Child of Sherri Y.
The Supreme Judicial Court affirmed the judgment of the district court terminating Mother's parental rights to her child, holding that the district court did not err or abuse its discretion.Specifically, the Court held (1) the court had sufficient to justify terminating Mother's parental rights after finding that she was unfit within the meaning of 22 M.R.S. § 4055(1)(B)(2)(b)(i) and (ii); (2) the trial court properly determined that it was in the best interests of the child that Mother's parental rights be terminated; and (3) no violation of Mother's due process rights occurred. View "In re Child of Sherri Y." on Justia Law
Posted in:
Family Law
Grant v. Town of Belgrade
The Supreme Judicial Court affirmed the judgment of the superior court affirming a decision of the Town of Belgrade Zoning Board of Appeals (BOA), which denied Appellant's application for commercial use of his property, holding that the superior court did not err in affirming the BOA's decision.Appellant submitted applications to the Town's Planning Board for a seasonal dock and boat rental business at his property. The Planning Board denied both applications, concluding that the property failed to meet the minimum lot standards provided in the relevant zoning ordinance. The BOA upheld the decision. The superior court affirmed. The Supreme Judicial Court affirmed, holding that the BOA did not err, and the BOA's decision was supported by substantial evidence in the record. View "Grant v. Town of Belgrade" on Justia Law
Flanders v. Gordon
The Supreme Judicial Court dismissed Kathleen Flanders' appeal from an interlocutory order entered by the district court denying Flanders' motion to disqualify Attorney Eric Morse from representing Fern Gordon in a personal injury case, holding that allowing the appeal of this interlocutory order to proceed would not be in the interest of judicial economy.Gordon, the defendant in Flanders' personal injury suit, retained Attorney Morse to defend her. While the lawsuit against Gordon was pending, Flanders was injured in a motor vehicle accident. Flanders sought legal assistance from a partner of Attorney Morse, who continued to represent Gordon in the personal injury suit. Flanders moved to disqualify Attorney Morse, but the court denied the motion. Flanders appealed. The Supreme Judicial Court dismissed the appeal, holding that none of the exceptions to the final judgment rule applied in this case. View "Flanders v. Gordon" on Justia Law
Posted in:
Civil Procedure, Personal Injury
Clark v. Clark
In this dispute over certain real properties the Supreme Judicial Court affirmed the judgment of the superior court that Beth Clark had exclusive ownership of the properties, holding that the superior court correctly concluded that Beth was entitled to summary judgment.Sean Clark brought this action seeking a declaratory judgment that he and Jason Clark were each vested with a one-eighth share of the properties as tenants in common with Beth. The superior court granted summary judgment to Beth, ruling that Beth acquired her brother Kevin Clark's undivided half interest through a joint tenancy right of survivorship. The Supreme Judicial Court affirmed, holding that the superior court did not err in its judgment. View "Clark v. Clark" on Justia Law
Posted in:
Real Estate & Property Law, Trusts & Estates
State v. Marble
The Supreme Judicial Court affirmed Defendant's conviction of two counts of intentional or knowing murder, holding that the trial court did not err in denying Defendant's motion to suppress evidence of his cell site location information (CSLI).On appeal, Defendant argued that the judge who issued the warrant permitting officers to obtain his CLSI erred in determining that there was probable cause supporting the warrant's issuance. The Supreme Judicial Court affirmed the denial of Defendant's motion to suppress evidence of his CSLI, holding that the information in the affidavit was sufficient to support the judge's determination that there was probable cause to believe that Defendant was involved in the two homicides and that his CSLI would contain or constitute evidence relevant to the crime. View "State v. Marble" on Justia Law