Case law

Castine Energy Construction, Inc. v. T.T. Dunphy, Inc.

861 A.2d 671 · Supreme Judicial Court of Maine · Oct 26, 2004

Under the statute a shipper must first establish a prima facie case. … Cunningham, & Sons, 413 A.2d 1325, 1330 (Me.1980). [¶ 14] The trial court did not err in finding that the trooper qualifies as an expert witness.

State v. University of Maine

266 A.2d 863 · Supreme Judicial Court of Maine · Jun 30, 1970

Said State Senator is an active and legally qualified candidate for the office of United States Representative for the First District. 13. … A divided Court held that Sec. 315 impliedly afforded defendant immunity from the results of a libel it was powerless to prevent.

State of Maine v. Nicholas E. Westgate

2020 ME 74 · Supreme Judicial Court of Maine · May 26, 2020

as an expert in the field of forensic interviewing and that forensic interviewing is an established—though developing—field that has some reliability. [¶28] Because the trial court properly analyzed the facts … before it as they related to the admissibility of the expert witness’ testimony, the court did not clearly err in finding the State’s witness to be a qualified expert witness.

Freme v. Maher

480 A.2d 783 · Supreme Judicial Court of Maine · Aug 27, 1984

In his report, the referee noted that Article Fifteenth of the will did create a valid trust, and that, although the Ricker bankruptcy “made it impossible to make the trust operative in its precise terms,” the will clearly … We conclude, therefore, that the trust does not fail, and the doctrine of cy pres need not be applied, based upon any want of a qualified, existing beneficiary.

State of Maine v. Nicholas E. Westgate

2020 ME 74 · Supreme Judicial Court of Maine · May 26, 2020

as an expert in the field of forensic interviewing and that forensic interviewing is an established—though developing—field that has some reliability. [¶28] Because the trial court properly analyzed the facts … before it as they related to the admissibility of the expert witness’ testimony, the court did not clearly err in finding the State’s witness to be a qualified expert witness.

Barnard v. Zoning Bd. of App. of Town of Yarmouth

313 A.2d 741 · Supreme Judicial Court of Maine · Jan 3, 1974

As such, she does not qualify for the “Buildings on small lots” exception from the lot size restriction as provided in Article XII(l)(a) of the ordinance. 7 We also reject the contention that the variance ought to have been … body had clearly defined the parameters within which the Board was to operate.

State v. Coty

229 A.2d 205 · Supreme Judicial Court of Maine · Apr 18, 1967

Justice Clark, writing for a unanimous court, recognized at the outset that prospective jurors cannot be expected to have been immunized from all knowledge of a case. … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors

Brown v. Lunt

37 Me. 423 · Supreme Judicial Court of Maine · Jul 1, 1854

Yet a parol trust may exist, and may be executed voluntarily, and the *435 existence of suck a trust may be established, and ordinarily must be proved by parol evidence. … Welch, 19 Pick. 231 , 236, the conveyance was held to be clearly fraudulent and void in law.

State v. Goyette

407 A.2d 1104 · Supreme Judicial Court of Maine · Nov 9, 1979

S.A., § 2467 is to give moose absolute immunity from man’s innate liking for the “sport” of hunting. … section 6 of the Code, the provisions of chapter 1 of the Code (which would include sections 10 and 11 thereof) are made applicable “to crimes defined outside this code, unless the context of the statute defining the crime clearly

State of Maine v. Ronald Paquin

230 A.3d 17 · Supreme Judicial Court of Maine · Apr 23, 2020

It is well established that credibility determinations are within the sole province of the jury. See State v. … but insufficient evidence to establish guilt beyond a reasonable doubt on those Counts.”

State of Maine v. Troy D. Hastey

2018 ME 147 · Supreme Judicial Court of Maine · Nov 6, 2018

The text of the charge clearly indicates that Hastey was charged pursuant to 29 M.R.S. § 1312-B(1) (Supp. 1989): “(1) Offense. … Citing the “categorical approach”3 established by federal courts to determine whether certain prior state convictions qualify as predicate offenses under certain federal laws, see, e.g., Taylor v.

State v. Silva

153 Me. 89 · Supreme Judicial Court of Maine · Sep 16, 1957

This is the type of issue which a jury is well qualified to determine. … The admission, therefore, if such it was, was clearly admissible at this stage of the evidence and the respondent takes nothing by the exception.

Portland & Rochester Railroad v. Inhabitants of Deering

78 Me. 61 · Supreme Judicial Court of Maine · Dec 22, 1885

It too closely qualifies or construes the general rule. … We think all other matters were delivered by the commissioner ■ to the jury correctly and clearly. One point taken by the company, however, deserves especial consideration.

Roy v. Inhabitants of City of Augusta

414 A.2d 215 · Supreme Judicial Court of Maine · Apr 24, 1980

Interpreting that recital as a finding that Roy had failed to sustain his burden of proof, we must affirm the trial court’s conclusion as not clearly erroneous. M.R.Civ.P. 52. … In the first instance, we simply determine whether the plaintiff is one who may seek to establish a right to relief. On the second instance, our inquiry is whether he has in fact established such a right.

Cornwall Indus., Inc. v. MAINE D. OF MA, ES COM.

351 A.2d 546 · Supreme Judicial Court of Maine · Jan 30, 1976

This Act provides for the accumulation of reserves during periods of employment to be paid to qualified workers during periods of unemployment. … The issue in Stewart was whether the petitioner qualified as an employer within section 1043, the Act's definitional section.

International Paper Co. v. Board of Environmental Protection

1999 Me. 135 · Supreme Judicial Court of Maine · Sep 15, 1999

Exemptions from taxation, however, are not to be broadly construed or extended by application to situations not clearly within the scope of the exemption language. They are entitled to a reasonable interpretation. … These findings establish that every day the ECF system effects millions of gallons of water containing waste and therefore satisfies the 4,000 gallons of waste requirement.

State v. York Light & Heat Co.

113 Me. 144 · Supreme Judicial Court of Maine · Mar 3, 1915

“By analogy to the general rules of pleading established by the various codes, and on the authority of several cases previously cited, where the object of the proceeding is to oust the defendant from the franchise of being … so considered by the court, and *151 consistently with the rule universally adopted in common law pleading, we hold that the complaint must aver the acts or omissions constituting the misuser complained of concisely and clearly

White v. Monmouth Canning Company

228 A.2d 795 · Supreme Judicial Court of Maine · Apr 21, 1967

The weekly amount for which the plaintiff may qualify under the statute, as any other ultimate issue, must be supported by evidence. See Thibeault’s Case, 119 Me. 336 , 111 A. 491 . … , to see to it that whatever evidence is available to establish such fact is presented, and then make the necessary findings of fact.

State v. Graham

998 A.2d 339 · Supreme Judicial Court of Maine · Jul 8, 2010

Graham’s arguments regarding conflicting testimony and the credibility of the victim’s mother were clearly issues for the jury to decide. See State v. … See Establishment of the Cumberland County Unified Criminal Docket, Me. Admin. Order JB-08-2 (as amended by A. 2-10) (effective Mar. 1, 2010).

Laughlin v. City of Portland

111 Me. 486 · Supreme Judicial Court of Maine · Apr 4, 1914

What was clearly a public use a century ago, may, because of changed conditions, have ceased to be such today. … In 155 Mass., 598 , the Justices were divided, five advising that the proposed act would be unconstitutional, one, Justice Holmes, that it would be constitutional, and one, Justice Barker, giving a qualified assent to its