Case law

State v. Boutot

325 A.2d 34 · Supreme Judicial Court of Maine · Sep 5, 1974

The Court said: "In order to qualify as a ‘person aggrieved by an unlawful search and seizure’ one must have been a victim of a search or seizure, one against whom the search was directed, as distinguished from one who claims … The United States Supreme Court has clearly not felt that the prophylactic purposes of the exclusionary rule require the extension of its benefits to those defendants who were not included in Jones as having standing to attack

Hayden-Tidd v. Cliff House & Motels, Inc.

52 A.3d 925 · Supreme Judicial Court of Maine · Sep 11, 2012

employees the minimum wage when it paid its wait staff a portion of the standard “service charge” that it added to its banquet customers’ bills and treated that portion as a “tip” that satisfied the minimum wage law by qualifying … Pursuant to 26 M.R.S. § 664(2): *930 An employer may consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50% of the minimum hourly wage established in this section.

State v. Appleton

297 A.2d 363 · Supreme Judicial Court of Maine · Nov 29, 1972

announce, prior to entry, their presence, authority and purpose, we rule the findings of the Court below that the police did knock, state their authority and purpose and thereafter were let into the apartment, were not clearly … The witness disclosed special training and familiarity with the subject matter of chemical tests for drugs qualifying him as an expert in the field. His testimony was for jury evaluation. State v.

State v. Sklar

317 A.2d 160 · Supreme Judicial Court of Maine · Mar 21, 1974

The argument to establish such independent ground runs as follows. … principle of trial by jury in criminal cases is fully corroborated by the contemporaneous writing of three persons who surely had personal knowledge of the system and were superbly equipped thoroughly to understand and clearly

State v. Lafferty

309 A.2d 647 · Supreme Judicial Court of Maine · Sep 11, 1973

It should be observed that the evidence submitted on the cause of death was that of a qualified pathologist whose conclusion stands unchallenged, namely, that Mrs. … Mullaney violates both of these well established precepts, we feel constrained to state our reasons therefor.

Elizabeth T. Jalbert v. Maine Public Employees Retirement System

158 A.3d 940 · Supreme Judicial Court of Maine · Apr 11, 2017

DISCUSSION [¶11] Jalbert argues that the Board erred by concluding that she did not qualify for disability retirement benefits. … Because she had not yet attained the age of sixty, she could only receive retirement benefits by establishing the existence of a disability and functional limitations. See 5 M.R.S.

In Re Estate of Kozloff

410 A.2d 544 · Supreme Judicial Court of Maine · Jan 25, 1980

Thus, the “naked book entry” was not sufficient to establish a joint tenancy or a gift inter vivos; the creation of a joint account payable to either could reasonably have been intended to be either a convenient arrangement … An association shall issue to each depositor an account book, certificate or some other evidence of a savings account or savings deposit which shall clearly indicate any time or notice requirement pertaining thereto. 5 .

State of Maine v. Timothy D. Curtis

2019 ME 100 · Supreme Judicial Court of Maine · Jun 20, 2019

We have held that “[i]n the absence of a chemical analysis, other direct and circumstantial evidence can establish beyond a reasonable doubt the identity of drugs. … an excited utterance even though the victim wrapped up his injured hand and waited several minutes after the attack until he felt it was safe to leave to seek help). [¶37] Accordingly, the trial court did not clearly

Hammer v. Secretary of State

8 A.3d 700 · Supreme Judicial Court of Maine · Oct 28, 2010

Long-established rules of statutory construction obligate this Court to construe Maine statutes through the lens of giving "effect to intent of the Legislature." Knutson v. … This proposed certification method clearly contradicts plain language of 21-A MRS § 354(7)(C) and does not constitute a ground upon which Hammer might be entitled to relief in the M.R. Civ.

Bagley v. Raymond School Department

728 A.2d 127 · Supreme Judicial Court of Maine · Apr 23, 1999

of children attending nonpublic schools; and tax relief to parents failing to qualify for tuition reimbursement. … The tuition program clearly results in disparate treatment.

State of Maine v. Donna Pagnani

2018 ME 129 · Supreme Judicial Court of Maine · Aug 30, 2018

Cooper, 2017 ME 4, ¶ 2, 153 A.3d 759 (“A finding of fact supporting a suppression order will not be disturbed on appeal unless clearly erroneous, that is, lacking any competent evidence in the record to support it.”). 6 … The Court held that cell phones5 believed to contain evidence of criminal activity could be seized incident to a lawful arrest, but qualified Robinson to hold that a subsequent search of the digital memory of the cell

State v. Moulton

481 A.2d 155 · Supreme Judicial Court of Maine · Aug 16, 1984

This finding is entitled to deference on appellate review and should be reversed only if “clearly erroneous.” See State v. Smith, 379 A.2d 722, 724 (Me.1977). … Heald, 814 A.2d 820, 825 (Me.1973) (analysis of tracks in snow can be important in establishing probable cause).

Common Cause v. State

455 A.2d 1 · Supreme Judicial Court of Maine · Jan 7, 1983

Question No. 1 was not so clearly misleading as to warrant the drastic remedy of invalidating the referendum. … The courts must treat such legislation as constitutional unless it is clearly demonstrated to be otherwise.

Cynthia (Pray) Wood McKenna v. Thomas Pray

2024 ME 58 · Supreme Judicial Court of Maine · Aug 6, 2024

It is, however, relevant to establishing a professional’s earning capacity for purposes of determining support issues.” … “A trial court’s factual finding is not clearly erroneous if there is any competent evidence in the record to support it.” Id.

State of Maine v. Robert Burton

2018 ME 162 · Supreme Judicial Court of Maine · Dec 11, 2018

[f]or any crime if the court can reasonably determine that establishing the elements of the crime required proving—or the witness admitting—a dishonest act or false statement.” … We have “clearly rejected the notion that evidence of conviction of the same or a similar crime is per se inadmissible under M.R. Evid. 609.” State v. Chubbuck, 406 A.2d 282, 283 (Me. 1979).

Application of Feingold

296 A.2d 492 · Supreme Judicial Court of Maine · Oct 27, 1972

Courts, however, may and frequently do honor implementing legislation, but clearly are not bound to do so. See, Barnes v. Walsh, 1950, 145 Me. 107 , 72 A.2d 813 ; Feldman v. … Fein-gold was denied the opportunity to qualify for the practice of law in this State by reason of a proceeding which, it is contended, violated the Due Process Clause of the Fourteenth Amendment.

Pierce v. How

153 Me. 180 · Supreme Judicial Court of Maine · Oct 17, 1957

good public charitable trust; that the purpose of this public charitable trust is definite in its objects, is lawful and is to be regulated by the trustee of the estate of Joseph How, who has been or may be appointed and qualified … Moreover, the record clearly indicates that there are still indigent seamen in existence, *192 even of the class to which the testator belonged. Consequently, the trust has not entirely failed.

Foremost Insurance Co. v. Levesque

868 A.2d 244 · Supreme Judicial Court of Maine · Feb 25, 2005

The parties have already established this fact. … Qualified. The wringer [washing machine] wringer portion of the washing and put it in the shed. machine was placed on the floor of the shed/porch, several feet away from the truck. 13. Percy stepped off the 13.

State v. Rabon

930 A.2d 268 · Supreme Judicial Court of Maine · Aug 14, 2007

An officer in plain clothes, but wearing a vest that clearly identified him as a police officer, knocked on the closed front door of the apartment. … has a karaoke business, nor does it contain information that corroborates whether Charles Rabón was ever present at the two bars where the informant alleges the drugs were sold. [¶ 34] None of the preceding information qualifies

In Re United Parcel Service, Inc.

256 A.2d 443 · Supreme Judicial Court of Maine · Aug 7, 1969

However, this examiner desires it to be clearly understood that he is not recommending the granting of the instant (U. P.S.) application solely on the basis of applicant’s lower rates alone. … If otherwise, they would hardly seem to qualify as prudent businessmen. However, their concern over cost considerations does not operate to submerge or cancel out their demonstrated need for the proposed service.