Case law

Delbert A. Reed v. Secretary of State

2020 ME 57 · Supreme Judicial Court of Maine · May 7, 2020

Signatures must be obtained by qualified petition circulators—either volunteers or compensated individuals—according to an established procedure. Me. Const. art. IV, pt. 3, § 20; 21-A M.R.S. § 903-A; see Me. … Thus, the plain language of the statutes, standing alone, does not clearly establish their temporal reach.

Delbert A. Reed v. Secretary of State

2020 ME 57 · Supreme Judicial Court of Maine · May 7, 2020

Signatures must be obtained by qualified petition circulators—either volunteers or compensated individuals—according to an established procedure. Me. Const. art. IV, pt. 3, § 20; 21-A M.R.S. § 903-A; see Me. … Thus, the plain language of the statutes, standing alone, does not clearly establish their temporal reach.

State v. Scholz

432 A.2d 763 · Supreme Judicial Court of Maine · Jul 17, 1981

It is well established that, pursuant to Rule 804(a)(5), the proponent must make a good faith attempt to procure attendance of the witness. … We will not interfere with the court’s exercise of its discretion unless we conclude, as in the case at bar, that those factual findings were clearly erroneous.

Young v. Libby

1999 Me. 139 · Supreme Judicial Court of Maine · Oct 1, 1999

P. 50(b), a party seeking judgment as a matter of law after trial has the burden of establishing that the adverse jury verdict was ‘clearly and manifestly wrong.’ ” Maine Energy Recovery Co. v. … The Youngs have failed to demonstrate that the jury verdict was clearly and manifestly wrong. 2 II.

Kinney v. Central Maine Power Co.

403 A.2d 346 · Supreme Judicial Court of Maine · Jun 26, 1979

That established, the “ambiguity” noted by the referee takes on a new dimension. … We have little difficulty in holding that a survey commissioned by the grantor and not referred to in the deed cannot be introduced to qualify the deed.

Crockett

147 Me. 173 · Supreme Judicial Court of Maine · Nov 27, 1951

Clearly no ruling did prejudice to any legal right. Neal v. Rendall, 100 Me. 574 , 62 A. 706 ; Ross v. Reynolds, 112 Me. 223 , 91 A. 952 .” … Winn Broughton, the contestant, did not sustain the burden resting upon him to establish undue influence in this case.

Green v. Commissioner of Mental Health & Mental Retardation

750 A.2d 1265 · Supreme Judicial Court of Maine · May 17, 2000

Shackford, 262 A.2d 359 (Me.1970), we determined that the trial court had correctly placed the burden on the insanity acquittee to prove beyond a reasonable doubt that he was qualified for release into the community in a … That is clearly not what the statutory scheme contemplates.

Guardianship of Jeremiah T.

976 A.2d 955 · Supreme Judicial Court of Maine · Jul 23, 2009

Her husband had also qualified for disability due, at least in part, to a stress-related disorder. … These adult guardianship provisions have been substantially amended to impose a clear and convincing evidence burden of proof upon those seeking to establish a guardianship and to require that once a petitioner establishes

Farnum v. ORAL SURGERY ASSOCIATES

933 A.2d 1267 · Supreme Judicial Court of Maine · Oct 18, 2007

We found that these plaintiffs had clearly become aware of the risks associated with the implants at least at the time they had them removed. Id. ¶ 13, 893 A.2d at 1015-16 . … Further, Brawn II established that the “duty to advise the patients of the health risks of leaving the implants in place” clearly expires upon removal of the implants. 2006 ME 32, ¶ 7 , 893 A.2d at 1014 .

Maine State Housing Authority v. Depositors Trust Co.

278 A.2d 699 · Supreme Judicial Court of Maine · Jun 23, 1971

“Unless it has clearly exceeded its constitutional powers in so doing, its action must be sustained. … The powers of the Authority are clearly stated in Section 4651.

Whitmore ex rel. Fisher v. Church of the Holy Cross

121 Me. 391 · Supreme Judicial Court of Maine · Jun 9, 1922

The bill further recites that the First Congregational Parish of Gardiner is still in existence and is a legally organized church qualified to hold property, but that it does not now own or occupy a place of worship or have … Did the language of the will establish a trust, (1) as to the real estate, (2) as to the personal estate?

Opinion of the Justices of the Supreme Judicial Court

159 Me. 410 · Supreme Judicial Court of Maine · May 23, 1963

The merchant would qualify for the exemption if his enterprise satisfied either or both of two clearly defined criteria, one related to the size of the premises and the other related to the number of employees “employed in … The foregoing answers must be clearly understood as relating only to the specific inquiries addressed to us.

Credit Counseling Centers, Inc. v. City of South Portland

814 A.2d 458 · Supreme Judicial Court of Maine · Jan 10, 2003

The City contends that the court’s declaratory judgment was based on insufficient evidence to establish that CCCS is entitled to the exemption. … “Whether an organization’s real property qualifies for a charitable tax exemption is a mixed question of law and fact.” Cushing Nature & Pres. Ctr. v. Town of Cushing, 2001 ME 149, ¶ 10 , 785 A.2d 342, 345 .

Bedell v. Androscoggin & Kennebec Railway Co.

133 Me. 268 · Supreme Judicial Court of Maine · Feb 1, 1935

The use of the word “whenever” clearly indicates that there are times when the operator must stop to be in the observance of due care *274 and other times when he need not, depending upon the particular facts and circumstances … Insofar as such negligence affects and qualifies the duty of the defendant, even though in a case where lack of contributory negligence need not be proven to establish liability, such negligence is a blatter for the jury’

State v. Viger

392 A.2d 1080 · Supreme Judicial Court of Maine · Oct 24, 1978

Obviously, one can be ignorantly motivated by profit while ultimate success is clearly impossible. … Since “stolen” property is defined as property over which unauthorized control has been exercised, the inference justifying the conclusion that unauthorized control has been exercised simultaneously established that the person

Ware v. Ware

8 Me. 42 · Supreme Judicial Court of Maine · Jun 15, 1831

with or reference to th.e arrangement of the jury for the trial of any particular cause, but relates exclusively to the mode of empannelling juries at the commencement of a term, or at the first appearance of jurors to be qualified … The authorities cited clearly establish the principle that an impeached or contradicted witness cannot be supported by the party who called him, by proof of his declarations made at other times and to other persons, coinciding

Town of Baldwin v. Carter

794 A.2d 62 · Supreme Judicial Court of Maine · Apr 8, 2002

. [¶ 9] “A statute is presumed to be constitutional and the person challenging the constitutionality has the burden of establishing its infirmity.” Kenny v. Dep’t of Human Servs., 1999 ME 158, ¶ 7 , 740 A.2d 560, 563 . … This clearly is enough to offend the sensibilities of a reasonable person.

State v. Brunette

501 A.2d 419 · Supreme Judicial Court of Maine · Nov 5, 1985

Finally, although the photocopies were made in anticipation of litigation, the original records were clearly not prepared for that purpose. … Under the rule, however, only evidence of reputation is admissible to establish the date of birth.

Burgess v. Young

97 Me. 386 · Supreme Judicial Court of Maine · Apr 4, 1903

The case at bar comes clearly within this section. … These facts clearly brought *391 the procedure, in the settlement of the estate, under section 2 of chapter 66.

Tilton v. Davidson

98 Me. 55 · Supreme Judicial Court of Maine · Jul 2, 1903

It is not improbable that the testator had in mind the idea of giving them only a qualified estate which they could not alienate and which creditors could not reach. … But an intention to create a “spendthrift trust” has not been unequivocally expressed by the testator, nor is it necessarily or clearly to be inferred from the language of the will and codicil construed together.