Case law

State v. Whitehead

151 Me. 135 · Supreme Judicial Court of Maine · Aug 2, 1955

Without deciding whether or not the exception is established, we consider it, and say, if true, it is not ground for exception. … We do not find that the jury verdict was “clearly wrong.” We are, on the contrary, inclined to the belief that it was clearly right. Exceptions overruled.

Tllexan v. Wilson

43 Me. 186 · Supreme Judicial Court of Maine · Jul 1, 1857

The marriage is an absolute gift to the husband of all her personal chattels in possession, and a qualified gift of all her dioses in action, depending for its effect upon his reducing them into possession or recovering them … Upon the principles established by the foregoing authorities, there was disclosed by the debtor eighty-five cents as belonging to him, and a watch as belonging to his wife, which became legally his by virtue of his marriage

State v. FLINT H.

544 A.2d 739 · Supreme Judicial Court of Maine · Jul 13, 1988

Defendant has failed to establish that the statute is unconstitutionally vague. … We stated that based on the physician’s own training, experience and observations, the physician was fully qualified to offer his expert opinion and that confirming his opinion by consulting another expert was similar to

Foster v. State Tax Assessor

1998 Me. 205 · Supreme Judicial Court of Maine · Aug 7, 1998

This rule requires a taxpayer seeking an exemption to establish that the claimed exemption is “unmistakably within the spirit and intent” of the statute. Episcopal Camp Found., Inc. v. … holding that pollution control equipment mandated by regulatory authorities was used directly in the production of asphalt). [¶ 14] The taxpayers contend that “production” includes “processing operations” and the facility is clearly

State v. Patterson

651 A.2d 362 · Supreme Judicial Court of Maine · Dec 21, 1994

Moreover, the State asserts that Patterson’s statements need not be inculpatory to qualify as an admission pursuant to M.R.Evid. 801. 3 We agree. … Moreover, they clearly qualify as “statements ... which, in conjunction with proof of other facts and circumstances, [tend] to prove guilt.” Jones, 405 A.2d at 151 .

Heal v. International Agricultural Corp.

124 Me. 138 · Supreme Judicial Court of Maine · Nov 26, 1924

However, we think that case is to be clearly distinguished from the case at bar. In Rogers v. Kendall, the amount of borax' present was 6.6 pounds. … It is consistent with established facts and with probability and reason. The opinion of the court in Rogers v.

State v. Harriman

75 Me. 562 · Supreme Judicial Court of Maine · Feb 9, 1884

Whether the property of the master was originally of a qualified nature or not is immaterial. … It sets forth clearly an offence.

Bedell v. Reagan

159 Me. 292 · Supreme Judicial Court of Maine · Jun 21, 1963

And impleader is proper even though the third-party’s liability is contingent, and cannot be established until the original defendant has been held liable.” … The equities clearly preponderate in favor of just contribution for the third party rather than of undeserved immunity for the joint tortfeasor husband.

Gordon v. Conley

107 Me. 286 · Supreme Judicial Court of Maine · Nov 5, 1910

The evidence conclusively shows that the plaintiffs were employed by the defendant or her attorneys to make an examination of her physical condition for the purpose of enabling *288 them to qualify as medical expert witnesses … But as the damages are clearly not excessive, the case should not be sent back for a new speculation upon this question.

State v. Pickering

491 A.2d 560 · Supreme Judicial Court of Maine · Apr 25, 1985

Prior to trial, the defendant served the State with notice and request that a qualified witness testify, pursuant to 29 M.R.S.A. § 1312(8) (Supp.1984-1985). … Overruling defendant’s objection, the court found sufficient evidence to establish a chain of custody.

In re Stanley

133 Me. 91 · Supreme Judicial Court of Maine · Jul 27, 1934

The point of the next objection to validity seems to be that the section abridges privileges and immunities of the exceptant, deprives him of property, without due process of law, and denies him equal protection of the laws … The distinction made by the legislation among carriers operating on and after a given date, those afterward beginning and those wishing to begin, as to registration and license, is not clearly arbi *98 trary; it is based

Cookson v. Liberty Mutual Fire Insurance

34 A.3d 1156 · Supreme Judicial Court of Maine · Jan 24, 2012

The statute explicitly qualifies the registration requirements for all vehicles by providing that only a “vehicle that is operated or remains on a public way” must be registered. 29-A M.R.S. § 351 (2011). … Cookson’s deposition testimony established that he bought the vehicle to remove snow and perform yard work at his home in West Newfield, and he actually used it for these tasks.

Levine v. R.B.K. Caly Corp.

770 A.2d 653 · Supreme Judicial Court of Maine · May 9, 2001

. [¶ 5] In order to assure that the facts material to the claims before the court are clearly set out and are, in fact, supported in the record, the rules require each party to -file documents in support of the motion laying … January 1, 2001, an opposing statement of material facts must explicitly admit, deny, or qualify facts by reference to each numbered paragraph, and a denial or qualification must be supported by a record citation.

Bernier v. Merrill Air Engineers

770 A.2d 97 · Supreme Judicial Court of Maine · Jan 24, 2001

While still employed at Merrill, Bernier qualified for but had not received three commissions. As he was leaving, Bernier made a written request for payment. … We do not find this determination to be clearly erroneous.

Opinion of the Justices of the Supreme Judicial Court

146 Me. 316 · Supreme Judicial Court of Maine · May 8, 1951

Finance Co.,” and as such shall have the power to enact suitable by-laws and regulations, and elect such officers as it deems desirable to effect its corporate purposes and be possessed of all the powers, privileges and immunities … It clearly prohibits their creation by special acts if the objects desired can be secured under existing general laws.”

Huard v. Maine State Retirement System

562 A.2d 694 · Supreme Judicial Court of Maine · Aug 8, 1989

Such teacher must qualify for retirement under a bona fide retirement system. … A long-established construction of a statute by the agency charged with administering it is entitled to great deference and should not be overturned unless it clearly violates the legislative intent. 3 See Georgia-Pacific

H.E. Sargent, Inc. v. Town of Wells

676 A.2d 920 · Supreme Judicial Court of Maine · May 13, 1996

Undefined land use ordinance terms should be given their common and generally accepted meaning unless the context of the ordinance clearly indicates otherwise. George D. Ballard, Builder, Inc. v. … Ignoring the qualifying condition of the DEP’s analysis as to the pit’s legality, Sargent wrote the Code Enforcement Officer that the DEP confirmed the pit was grandfathered.

Wilder v. Butler

116 Me. 389 · Supreme Judicial Court of Maine · Oct 27, 1917

The qualified right of inheritance was added by Public Laws 1880, Chap. 183. What is the legal effect of the present statute regulating adoption so far as property rights are concerned? … Therefore the presumption is against the estate passing to the adopted son of William L. unless in other ways such clearly appears to have been the intention of the grantor.

Rugan v. Dole Co.

396 A.2d 1003 · Supreme Judicial Court of Maine · Jan 23, 1979

Rugan to present evidence to the Commissioner demonstrating a causal relationship between his physical limitations and his unemployment in order to qualify for the receipt of compensation benefits. … The record clearly demonstrates that Mr. Rugan’s being out of work was in no way related to his acknowledged physical difficulties. He was not working due to the simple fact that no work was available. Since Mr.

State of Maine v. Arnold A. Diana

89 A.3d 132 · Supreme Judicial Court of Maine · Mar 20, 2014

¶ 54. [¶23] The court’s finding that the challenged juror could be impartial is supported by competent record evidence and is therefore not clearly erroneous. … In order for proffered evidence to qualify for admission pursuant to Rule 702, a court 3 Maine Rule of Evidence 702 provides: “If scientific, technical, or other specialized knowledge will assist the trier of