Case law

State v. Brewer

699 A.2d 1139 · Supreme Judicial Court of Maine · Aug 5, 1997

A defendant must first establish *1144 that counsel’s performance was deficient. … The court’s finding that Graves did not perjure himself at Brewer’s trial is not clearly erroneous.

Brunham v. Howe

23 Me. 489 · Supreme Judicial Court of Maine · Apr 15, 1844

sheriff to appoint a justice, and the deputy sheriff did appoint Henry Ilsley, jr. for the creditor, out of several justices of the peace and of the quorum, which he requested Harding to mention as being commissioned and qualified … The jurisdiction of the justices being established, it was for them to judge of the sufficiency of the notification, and the return ; and their judgment in that matter is conclusive in a suit upon the bond.

SAD 3 Education Association v. RSU 3 Board of Directors

180 A.3d 125 · Supreme Judicial Court of Maine · Mar 1, 2018

P. 12(a) (Tower 2016) (“A qualified justice may participate in a decision even though not present at oral argument.”), replaced with M.R. App. … Labor Relations Bd., 658 A.2d 669, 671 (Me. 1995) (“It is well established that 26 M.R.S.A.

State v. Gordon

321 A.2d 352 · Supreme Judicial Court of Maine · Jun 17, 1974

As a first point of appeal, defendant maintains that the evidence clearly established that (1) defendant and Strode had told Prout that they “would take care of [the automobile] and see [that] he [Prout] got it back as soon … The reason the State knows this is that the State is prepared to offer immunity at the time he does take the Fifth Amendment.”

Turbat Creek Preservation, LLC v. Town of Kennebunkport

2000 Me. 109 · Supreme Judicial Court of Maine · Jun 5, 2000

Residential Use [¶ 10] The Kennebunkport Land Use Ordinance clearly resolves the resi *492 dential use question. … The availability of nonconforming uses is limited by section 8.6, which provides, “If a nonconforming use is discontinued for twelve (12) consecutive months, such use shall no longer be permitted.”. [¶ 13] “To qualify for

State of Maine v. Ramel L. Sheppard

2024 ME 84 · Supreme Judicial Court of Maine · Dec 31, 2024

P. 12(a)(2) ("A qualified Justice may participate in a decision even though not present at oral argument."). 1 The statute has since been amended. … are clearly matters of objective fact. The statements and actions of the parties must also be objectively evaluated.

State of Maine v. Dustin T. White

70 A.3d 1226 · Supreme Judicial Court of Maine · Jul 11, 2013

Motion to Suppress [¶10] “We review a denial of a motion to suppress for errors of law or clearly erroneous findings of fact.” State v. … For a detention to qualify as merely investigative, it must be “limited in scope and executed through the least restrictive means.” Id. (quotation marks omitted).

State v. Mayberry

48 Me. 218 · Supreme Judicial Court of Maine · Jul 1, 1859

But, it is.contended that the averment of falsity is qualified by subsequent language, wherein it is alleged that the defendants knew that William Mayberry had sold and conveyed to John Lawrence, of Westbrook, all his real … This rule introduces no new principle, but is simply in accordance with, and affirmance of, a well established and generally recognized rule of evidence.

State v. Schoppe

113 Me. 10 · Supreme Judicial Court of Maine · Jan 28, 1915

D. 1913, being then and there an officer, to wit, a deputy sheriff of the County of Sagadahoc duly qualified and authorized by law to seize intoxicating liquors kept and deposited for unlawful sale, and the vessels containing … The statute clearly authorized the seizure made in this case. The complaint was in the form prescribed by statute, and conformed thereto with substantial accuracy.

State v. Ifill

349 A.2d 176 · Supreme Judicial Court of Maine · Dec 17, 1975

In short, his ultimate conclusion was premised on established facts and not on unproved assumptions. … Having thus qualified, the opinion of an expert is admissible if it is based on a proper factual foundation. Since this was the case here, there was no error in admitting this testimony.

Hearst Corp. v. Swiss Bank Corp., New York Branch

584 A.2d 655 · Supreme Judicial Court of Maine · Jan 3, 1991

This motion, curiously entitled “Request for Final Award,” was grounded in neither statute nor case law and was clearly without legal effect. … He is best qualified to clarify his own incomplete award. The entry is: Judgment vacated.

Kennebec & Portland Railroad v. Portland & Kennebec Railroad

59 Me. 9 · Supreme Judicial Court of Maine · Jul 1, 1871

But if these objections, which have been stated in the argument, were fully open, we should be hardly ready to say that they were so clearly established as to require or justify the decision, that the mortgage was void. … That fact must be found and clearly established before any question of this nature can arise. Our attention has been particularly called to the case' of Bronson v.

Inhabitants of Farmington v. Hardy's Trailer Sales, Inc.

410 A.2d 221 · Supreme Judicial Court of Maine · Jan 24, 1980

R.S. 1857, ch. 6, § 11 clearly addressed the question of tax situs of all stock in trade and merchandise: All goods, wares and merchandize, all logs, timber, boards and other lumber, and all stock in trade, including stock … S.A. § 655(1), so that now among the personal property exempt from taxation was stock in trade defined to include “inventory held for resale by a distributor, wholesaler, •retail merchant or service establishment.”

Harriman v. Commissioner, Department of Human Services

595 A.2d 1053 · Supreme Judicial Court of Maine · Aug 12, 1991

This original Maine Medicaid statute authorized DHS to establish eligibility requirements for the basic Medicaid assistance program: The department [DHS], under rules and regulations established pursuant to section 3173, … The federal statute and the implementing federal regulations clearly distinguish between income, on the one hand, and other resources or assets, on the other.

Maine Farmers Exchange, Inc. v. Farm Credit of Maine, A.C.A.

789 A.2d 85 · Supreme Judicial Court of Maine · Feb 5, 2002

However, because Farm Credit has failed to establish that its security interest survived, we concur in the result. 12 [¶25] An inventory or crop lender like Farm Credit that has not received the full proceeds of a sale of … In the section 9-307 context, courts have construed this definition to mean that to qualify as a buyer in the ordinary course, one must give “new value” for the goods purchased, rather than setting off a preexisting debt

Town of Arundel v. Swain

374 A.2d 317 · Supreme Judicial Court of Maine · Jun 8, 1977

The license provided that an additional twenty-six sites could be requested if an. adequate water supply were established. … However, since we find lacking the prescribed “division” into “lots,” we remain convinced that a campground does not qualify as a “subdivision” within the purview of § 4956.

State v. Deschambault

159 Me. 216 · Supreme Judicial Court of Maine · May 17, 1963

Those portions recite that the respondent "did falsely pretend to (the complainant) that he (the respondent), the duly elected and qualified Mayor of the City of Biddeford, Maine, for the year 1960, and ex-officio, by virtue … I do not exclude the possibility that an alleged false pretense may be so weak and unconvincing that as a matter of law no manner of proof could establish the element of fraud.

Matter of Cox

553 A.2d 1255 · Supreme Judicial Court of Maine · Feb 3, 1989

transgresses the explicit provision of Rule 11(e) of the Maine Rules of Criminal Procedure that “the court shall not participate in the negotiation of the specific terms of the plea agreement”; and ignores case law that clearly … In order to qualify for such review, the individual must demonstrate that the challenged criminal judgment or post-sentencing proceeding is causing a present restraint or other specified impediment; and must demonstrate that

State v. Shackford

262 A.2d 359 · Supreme Judicial Court of Maine · Feb 19, 1970

Vincent Lathbury, an admittedly qualified psychiatrist was also called. He testified he examined the patient at some length and examined available records concerning the patient. … This was a finding of fact as to a medical condition, which the Court was clearly justified in making, on the basis of an opinion given by a medical expert relating to a medical diagnosis.

Joshua A. Gray v. Department of Public Safety

2021 ME 19 · Supreme Judicial Court of Maine · Apr 6, 2021

. [¶12] To qualify for a professional investigator license, a person must have “demonstrated good moral character.” Id. § 8105(4). … XIV, § 1 (“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . .”); Jones v.