Case law

State v. Chapman

250 A.2d 203 · Supreme Judicial Court of Maine · Jan 2, 1969

Clearly, in the interim between 5:00 A.M. and 12:00 M the officers in this case had ample opportunity to apply for and obtain a search warrant. … The County Attorney’s testimony in the court below clearly demonstrated reasonable grounds of suspicion that a felony had been committed and that the arrested person, Mr.

McCarthy v. Mason

132 Me. 347 · Supreme Judicial Court of Maine · Jan 31, 1934

The statute itself in no way qualifies the words “when operated in response to calls.” It specifies calls neither from within nor from without. Only one case have we found that seems to bear on this issue. In Hubert v. … Easily mathematically demonstrable it is that the defendant’s car must have been clearly in view when the plaintiffs started to cross the road in front of it, being driven, as they now say, at a terrific rate of speed.

Gloria Carignan v. Paul R. Dumas Jr.

154 A.3d 629 · Supreme Judicial Court of Maine · Jan 19, 2017

fact that the road was used for logging during the 1970s and 1980s, and asserted that the affidavits of Rachel Meisner and Brian Milligan, submitted in support of Dumas’s statements of material facts, “failed to set out qualifying … Similarly, we have said that “all statutes will be considered to have a prospective operation only, unless the legislative intent to the contrary is clearly expressed or necessarily implied from the language

Mechanic Falls Water Co. v. Public Utilities Commission

381 A.2d 1080 · Supreme Judicial Court of Maine · Dec 23, 1977

Factual conclusions of the Commission are independently reviewed by us with a strong presumption that they are correct and with the burden upon the utilities to clearly establish confiscation. … As further qualified in the order, the Commission conceded that the decree was written by a member of the staff pursuant to its direction.

State v. Stade

683 A.2d 164 · Supreme Judicial Court of Maine · Aug 16, 1996

It is from that order that the State appeals. [3] We will not disturb the District Court's decision unless we find errors of law or clearly erroneous findings of fact. State v. Arnheiter, 598 A.2d 1183, 1185 (Me.1991). … This assumption is contrary to logic and well-established precepts of constitutional law.

McKenzie v. Nevius

22 Me. 138 · Supreme Judicial Court of Maine · Jul 15, 1842

in the case supposed, by the mode adopted in this instance, it is not perceived how the same course could change the security, or take from either party the rights which would otherwise attach, because the ownership is qualified … The policy obtained under the instructions in the letter last referred to, is the one, by virtue of which the money in controversy was received by the defendants; and these letters show clearly that they were fully informed

Guarantee Trust Life Insurance Company v. Superintendent of Insurance

82 A.3d 121 · Supreme Judicial Court of Maine · Nov 21, 2013

However, the Bureau of Insurance deemed AMLI not qualified and denied its application to provide insurance to Maine consumers in 2006. [¶5] To enable it to offer the limited medical benefit plan marketed by Cinergy … Then, as of September 2008, Cinergy television advertisements ran in Maine in which GTL was clearly, if somewhat quickly, named as the underwriter along with AMLI.

Department of Environmental Protection v. Town of Otis

1998 Me. 214 · Supreme Judicial Court of Maine · Sep 4, 1998

Sheehy, 551 A.2d 841, 842 (Me.1988) (pre-hearing conversations by an abutting landowner to a member of the board were insufficient to qualify as participation). … Accordingly, all of the competing interests should be weighed before such authority is established. The Legislature has not yet engaged in that exercise.

Maine Central Railroad v. Bangor & Aroostook Railroad

395 A.2d 1107 · Supreme Judicial Court of Maine · Dec 4, 1978

In particular, they fail to clearly distinguish among the types of remedies they provide, and the effect of each. However, some conclusions are apparent. … Appellee appears to argue 23 that since only the 1920 Agreement was signed, it alone can qualify under the Act, and that it fails for having been executed prior to 1967, the effective date of our Uniform Act.

City of Biddeford Ex Rel. Board of Education v. Biddeford Teachers Ass'n

304 A.2d 387 · Supreme Judicial Court of Maine · Apr 30, 1973

Assault is made upon the arbitrators’ approval of a contractual clause establishing a “sick-leave bank.” … educational policies” and “working conditions” — incapable of separation to allow the “working conditions” factors to be negotiated in isolation and (2) with “class size” thus treated as an inseparable unit, it cannot, as a unit, qualify

State v. Crocker

435 A.2d 58 · Supreme Judicial Court of Maine · Sep 18, 1981

It is my conviction that, on well established constitutional principles, the challenge, framed as broadly as it is, may not prevail. … It is necessary to go only that far in order to establish that the defendant has not been deprived of any established federal or state due process right by the application of this statute to his conduct.

In the Matter of Robert M.A. Nadeau

168 A.3d 746 · Supreme Judicial Court of Maine · Jun 20, 2017

Rule 53 instructs that the court “shall adopt the referee’s findings of fact unless clearly erroneous.” M.R. Civ. P. 53(e)(2); see also Hennessy v. … Months later—in April 2013—he sought and received an opinion from the Advisory Committee on Judicial Ethics, which informed him that in qualifying cases he should appoint attorneys for indigent persons impartially

State of Maine v. Peter L. Robbins

2019 ME 138 · Supreme Judicial Court of Maine · Aug 20, 2019

Rule 609 specifies that a qualifying “conviction” results from the commission of a “crime.” M.R. Evid. 609(a)(1)-(2). … And any slight prejudice would have been remedied by the trial court’s jury instructions, which clearly and accurately  35 articulated Robbins

Minott v. FW Cunningham & Sons

413 A.2d 1325 · Supreme Judicial Court of Maine · Apr 28, 1980

Here, Cunningham's notice of the risk was clearly established by evidence that it had installed the plywood doors, had equipped the doors with locks and had permitted use of the elevator in that condition. … Any witness having adequate knowledge of the matter is qualified to testify to its existence and the specifics thereof.

Doughty v. Sullivan

661 A.2d 1112 · Supreme Judicial Court of Maine · Jul 7, 1995

Replevin sought only to establish the right to possession and not the right to legal title. … Amos was clearly on notice that Ethelyn was contesting his claimed damages and was arguing that he did not undertake reasonable efforts to mitigate his damages.

Opinion of the Justices

162 A.3d 188 · Supreme Judicial Court of Maine · May 23, 2017

Section 5 of the Constitution of Maine provides that in elections for the House of Representatives, “the election officials of the various towns and cities shall … receive the votes of all the qualified … They each spring from a judicial effort to assure that we do not overstep our bounds with an unconstitutional foray into the clearly defined territory of the Legislative or Executive Branch. 18

State v. Sweatt

427 A.2d 940 · Supreme Judicial Court of Maine · Mar 30, 1981

McCrillis hardly qualified as a disinterested observer, having been a former associate of Dale Sweatt in the mining corporation that produced the tourmaline. … Clearly, here there was no "expectation of privacy" as those words are used in Rakas , because the stones were put out in cases for the public to see.

Atlantic Oceanic Kampgrounds, Inc. v. Camden National Bank

473 A.2d 884 · Supreme Judicial Court of Maine · Apr 5, 1984

If, however, the qualifying phrase modifies "completed sale" it is beyond dispute that a sale following strict foreclosure is not a sale "pursuant to a foreclosure under this subchapter." … On the contrary, the statute is clearly applicable to all methods of foreclosure delineated in 14 M.R.S.A. ch. 713, subchapter III.

Central Maine Power Co. v. Maine Public Utilities Commission

395 A.2d 414 · Supreme Judicial Court of Maine · Nov 30, 1978

In December, 1974, Sobin was paying Bangor Hydro 27 mills per kilowatt-hour for electricity, all of which was provided on an “interruptible basis.” 1 Sobin claimed that rate to be “clearly unreasonable.” … We must infer, therefore, that CMP asserts that its constitutional immunities are violated by actions of the Commission exceeding the scope of its authority.

Bernier v. Raymark Industries, Inc.

516 A.2d 534 · Supreme Judicial Court of Maine · Oct 15, 1986

An action based on section 221 is clearly encompassed within our wrongful death statute. … Actual liability is established only when “physical harm [is] thereby caused to a person.” 14 M.R.S.A. § 221. Id. at 942.