Case law

State v. Reeves

499 A.2d 130 · Supreme Judicial Court of Maine · Oct 4, 1985

The decision of the suppression justice must stand unless “clearly erroneous.” Id. A finding of fact is not clearly erroneous if there is any competent evidence in the record to support it. State v. … To establish an abuse of discretion under Rule 16(d) is a difficult task.

Marshall v. Oakes

51 Me. 308 · Supreme Judicial Court of Maine · Jul 1, 1864

Where there are other facts established, besides the presence of the husband, as to the participation of the wife in originating and carrying on the common purpose, which tend to rebut the presumption, it is a question for … When the requested instructions would have been correct, with the addition of a single qualifying word, the omission of that word in the requests was held fatal to the exceptions. Stowe v. Heywood, 7 Allen, 118 .

State v. Boilard

488 A.2d 1380 · Supreme Judicial Court of Maine · Mar 15, 1985

Under such circumstances, the clearly erroneous standard is inapplicable. See State v. Johnson, 413 A.2d 931, 933 (Me.1980). 2. … I would not adopt a rule that a police officer is in all cases immune from criminally trespassing while he purportedly carries out his official duties.

Lesieur v. Lausier

148 Me. 500 · Supreme Judicial Court of Maine · Apr 17, 1953

The law on this point has been clearly expressed by this court. … How could he have more clearly shown that he waived his claim that he was elected mayor than by qualifying for his judgeship?

Chadwick v. Stilphen

105 Me. 242 · Supreme Judicial Court of Maine · Mar 5, 1909

In the case at bar the probate court not only had jurisdiction of the subject matter but the record of its proceedings under the statutes of this State clearly shows its authority and power to grant letters testamentary to … Chadwick as co-execútor, and conclusively establishes the validity of its decree. Whether or not Celia S.

New England Herald Development Group v. Town of Falmouth

521 A.2d 693 · Supreme Judicial Court of Maine · Feb 25, 1987

Clearly, the Plaintiff satisfies the first part of the test for standing, in that it was a “party” to the administrative procedure. … . § 287 (1978) “Rules for determining the existence of a partnership” the present arrangement appears to qualify as a partnership.

State v. Anaya

438 A.2d 892 · Supreme Judicial Court of Maine · Dec 29, 1981

Although the defendant did not testify, the record clearly shows that she was relying on a theory of self-defense or provocation 1 to mitigate or justify her conduct. … We agree with the District of Columbia Court of Appeals, and various commentators, 2 that where the psychologist is qualified to testify about the battered wife syndrome, and the defendant establishes her identity as a battered

Maine Human Rights Commission v. City of Auburn

408 A.2d 1253 · Supreme Judicial Court of Maine · Dec 7, 1979

a qualified certification. … However, the record clearly establishes that in the previous five years, 1974-78, only one out of thirteen female applicants (7.7%) had been certified, as opposed to 20% of the male applicants.

Mercier v. Town of Fairfield

628 A.2d 1053 · Supreme Judicial Court of Maine · Jul 29, 1993

Mercier presented sufficient evidence to establish his interest in continued employment. … A contract of employment for an indefinite period is terminable at the will of either party unless the parties have clearly stated their intention to restrict the common law rule. Staples v. Bangor Hydro-Elec.

In Re Thomas D.

854 A.2d 195 · Supreme Judicial Court of Maine · Aug 4, 2004

He had a significant and largely untreated medical condition of crossed eyes at the time he went into the Department’s custody, and some of his basic immunizations had been neglected. B. … then‘considered the evidence regarding Angela’s reunification efforts and concluded that she did not have the “ability to rise to the required very high level of parenting for Tommy that will be difficult for even the most qualified

Lloyd v. Sugarloaf Mountain Corp.

833 A.2d 1 · Supreme Judicial Court of Maine · Sep 25, 2003

that liability for such damages will be fastened on the indemnitor, and words of general import will not be read as expressing such an intent and establishing by inference such liability. … The former clearly and unambiguously releases NORBA and Sugarloaf for "any and all liability" arising from "any negligence, action or omission to act."

Town of China v. Albert Althenn

82 A.3d 835 · Supreme Judicial Court of Maine · Dec 10, 2013

Althenn’s own testimony established that his use of the vehicles was infrequent at best. … It did not misconstrue the applicable law, and its factual findings were not clearly erroneous. 2.

Pattangall v. Gilman

115 Me. 344 · Supreme Judicial Court of Maine · Oct 29, 1916

It is admitted that on February 12th, Henry Gilman subscribed and took the required oath to qualify him as a member of said board of dental examiners for said term, and it is admitted that said Henry Gilman was qualified … Sullivan, 81 Ohio St., 79 : “It admittedly is the well established general rule of law that an officer clothed with authority to appoint, cannot, in the absence of express statutory authority, make a valid appointment for

Gerber v. Peters

584 A.2d 605 · Supreme Judicial Court of Maine · Dec 14, 1990

There is nothing in this record that establishes that Peters owed any duty to Gerber or that an attorney-client relationship existed between them. … Clearly, the legal entitlement to Eduard’s custody had already been determined by the court, and Eduard’s return to Maine with Becky was pursuant to the court’s order.

American Martial Arts Foundation v. City of Portland

635 A.2d 962 · Supreme Judicial Court of Maine · Dec 28, 1993

First, the Foundation contends that the board erred in determining that in order to qualify for tax-exempt status pursuant to section 652(1)(B), property must be both (1) owned by the charitable institution and (2) either … The dual requirements of ownership coupled with either occupation or sole use were set forth clearly in Alpha Rho Zeta v. City of Waterville, 477 A.2d 1131, 1136 (Me.1984). See also City of Waterville v.

XinXiu Tina Hogan v. Kennebec Valley Community College

2026 ME 5 · Supreme Judicial Court of Maine · Jan 29, 2026

These materials are not clearly organized and are difficult to follow. … courts found no immunity.)

Avis Rent A Car System, LLC v. Darron Burrill

187 A.3d 583 · Supreme Judicial Court of Maine · Jun 19, 2018

subtracting the undisputed salvage proceeds from the valuations of comparable vehicles offered for sale in the Las Vegas area, identified by an internet review. *594 [¶ 36] Burrill has not demonstrated that the trial court clearly … Thus, rather than nominal damages, damages of at least $155 are established without regard to the propriety, or impropriety, of the claims representative's utilizing the J.D.

State v. Richford

519 A.2d 193 · Supreme Judicial Court of Maine · Dec 23, 1986

James Young, a qualified analytical chemist, who testified he was able to compute the range of blood-alcohol level in an individual, given certain criteria. … Such a finding of reasonable suspicion is not clearly erroneous. Defendant argues that he was not in the process of attempting or conspiring to commit a crime.

Witzler v. Collins

70 Me. 290 · Supreme Judicial Court of Maine · Oct 29, 1879

The clause in question clearly comes within each and all of these tests. The words used are absolute, explicit and peremptory. … By its terms it clearly included only such as at the time were actually delivered upon the wharf.

State v. RYNE G.

509 A.2d 1164 · Supreme Judicial Court of Maine · May 22, 1986

The juvenile court properly exercised its discretion in finding that the statement did not qualify as an excited utterance. V. … We reject the majority's overly technical view that since the juvenile did not in so many words challenge the constitutionality of the statute, it is immune from scrutiny.