Case law

Central Maine Power Co. v. Public Utilities Commission

414 A.2d 1217 · Supreme Judicial Court of Maine · May 30, 1980

the “temporary” character of the Commission’s action, Section 311 does not further elucidate, and we conclude that the circumstances of this case do not require that we determine, the outer temporal limits of what could qualify … whatever findings of fact underlie the Commission’s ultimate determinations on the basis of all of the evidence of record, regardless of the source from which the evidence might have come, if the findings of fact are not clearly

Opinion of the Justices

123 A.3d 494 · Supreme Judicial Court of Maine · Aug 6, 2015

That express constitutional limitation on the power of the Houses to adjourn must be understood to control over any statutorily established adjournment date. … [it] is meant a recess after a prorogation,[14] or recess after an adjournment, where there is no subsequent meeting of the same General Court on that adjournment, we are clearly of opinion that such bill or resolve has

Shelly R. Higgins v. Todd A. Wood

189 A.3d 724 · Supreme Judicial Court of Maine · Jul 3, 2018

Sess. of 126th Legis.), the language in section 1653(12)(A) clearly states that when a child turns eighteen, the order, as to that child, is no longer in force. … step further. 36 Ultimately, the Court should not amend the statute to include a provision that it acknowledges the Legislature did not contemplate in the statute. [¶62] The Legislature did not qualify

State v. Lewisohn

379 A.2d 1192 · Supreme Judicial Court of Maine · Nov 8, 1977

The defendant's counsel requested the presiding Justice to qualify this instruction by informing the jurors that they could consider evidence of the defendant's intoxication in determining, whether the defendant knew that … Only moments before the objection in question was made, the court at side bar clearly indicated its awareness that neither side regarded voluntary manslaughter as an issue in the case.

James M. Dickau v. Vermont Mutual Insurance Co.

107 A.3d 621 · Supreme Judicial Court of Maine · Dec 31, 2014

policies: (1) a Dairyland Insurance Company policy insuring his motorcycle and providing $250,000 in uninsured motorist coverage, and (2) a Vermont Mutual personal umbrella policy providing liability coverage above any qualifying … In establishing the amount of UM coverage to be provided, section 2902(2) further describes those policies as “motor vehicle insurance policies.”

New England Telephone & Telegraph Co. v. Public Utilities Commission

448 A.2d 272 · Supreme Judicial Court of Maine · Jul 6, 1982

Following the guidelines established by the federal decisions, we find that evidence insufficient to establish bias and prejudgment on Libby’s part. … Clearly under the treasury regulations, the employer’s FICA tax attaches pro rata when wages are paid by the employer. Treas.Reg. § 31.3111-3 (1981).

Friedlander v. Hiram Ricker & Sons, Inc.

485 A.2d 965 · Supreme Judicial Court of Maine · Dec 13, 1984

intended to operate as a personal restrictive covenant to prevent my father or our family from going into competition with Poland Spring Inn from the Campbell Cottage site” was stated to be on behalf and thus could not qualify … It is only when language of the deed carries some ambiguity that resort may be had to established rules of construction. Gillespie v. Worcester, 322 A.2d 93, 95 (Me.1974); C Company, supra, at 309.

State v. Inman

350 A.2d 582 · Supreme Judicial Court of Maine · Jan 2, 1976

We have no difficulty in concluding that we cannot say that the presiding Justice was clearly erroneous in finding that the statement to the detective was made voluntarily. … Instead, we agree with the analysis of the State that “[t]he issues of fact in this case were clearly drawn and the facts neither involved nor complicated.

Opinion of the Justices

161 Me. 182 · Supreme Judicial Court of Maine · May 11, 1965

This section violates Article IX, § 8 of the Constitution as it proposes to establish a mathematical formula for assessment for tax purposes of new structures upon a portion of 80% only of “the initial value of the fee interest … those described in the bill for the acquisition of recreational projects and the sale and lease of such recreational facilities. “ * * * The power is manifestly legislative in character, and hence must be upheld unless clearly

Orr v. First National Stores, Inc.

280 A.2d 785 · Supreme Judicial Court of Maine · Aug 17, 1971

The rule is well established that the proprietor of a business establishment owes to his patrons the duty of exercising reasonable care to keep the premises reasonably safe. … Clearly, the Kataoka facts are far removed from those of the instant case. In Crane v.

State v. Schofield

895 A.2d 927 · Supreme Judicial Court of Maine · Nov 16, 2005

historically and appropriately been for the sentencing judge to take into account — and to determine whether those factors justify a sentence exceeding twenty years. 17-A M.R.S.A. § 1252(2)(A). [¶ 47] Although section 1252(2)(A) clearly … Sweet, 2000 ME 14, ¶ 18 , 745 A.2d 368, 374 , we concluded that a crime could qualify for an extended range sentence even if it was not violent as long as it was sufficiently heinous. [6] Nor is there any reason to believe

Opinion of the Justices of the Supreme Judicial Court

355 A.2d 341 · Supreme Judicial Court of Maine · Mar 19, 1976

Such certificate, when duly signed and sworn to by a person certified as qualified for this purpose by the Department of Human Services under certification standards set by that department, qualified ehcmiot, ef kye laboratory … We would then be in the anomalous situation of having expressed opinions upon important questions of law when subsequent events clearly demonstrate no solemn occasion existed.

Opinion of the Justices

2017 ME 100 · 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