Case law

State v. Hurd

288 A.2d 478 · Supreme Judicial Court of Maine · Mar 13, 1972

The rule is clearly set forth in State v. … Appellant alleges that the ballistics expert was not qualified to give an opinion based upon his limited academic training.

In re Holbrook

133 Me. 276 · Supreme Judicial Court of Maine · Feb 4, 1935

In many jurisdictions the authority of the court has been qualified and an attempt made to distinguish the cases in which perjury may properly be punished as contempt and those in which such action would be inappropriate. … 'This is the well established and well understood course of procedure.

Dwyer v. State

154 Me. 179 · Supreme Judicial Court of Maine · Sep 22, 1958

Ware (1831), 8 Me. 42, 55 , we find: “---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 … Ware, 8 Greenl. 42,---and the Court considered the principle clearly established, that an impeached or contradicted witness cannot be supported by the party who called him, by proof of his declarations made at other times

Bouchard v. Johnson

157 Me. 41 · Supreme Judicial Court of Maine · Feb 6, 1961

Johnson during the entire period in question, and at the time of hearing, was the duly ap *43 pointed and qualified State Tax Assessor, and that he purported to levy the alleged deficiency assessments in the amounts heretofore … None of the taxpayers held a permanent classified permit establishing the percentage of exempt sales, and no case presented a conflict in evidence.

Maine Taxpayers Action Network v. Secretary of State

795 A.2d 75 · Supreme Judicial Court of Maine · Apr 17, 2002

Thus, it is well established that the Secretary has the authority to invalidate petitions in toto when the circulator has not complied with statutory or constitutional requirements. 8 D. … Co., 581 A.2d 795, 798 (Me.1990), and to assure that the person taking the oath is clearly identified should questions arise regarding particular signatures, cf. Buckley, 525 U.S. at 196 , 119 S.Ct. 636 .

State v. Kimball

50 Me. 409 · Supreme Judicial Court of Maine · Jul 1, 1861

on his part; but these facts might *416 be essentially qualified, or entirely controlled, by others equally within the knowledge of the witness, or which might be affected in the same manner by other testimony; and hence … so far as to entitle the defendant to pursue the inquiry as a matter of right; on the contrary, it is not only purely collateral, but so remote, if it could have any possible tendency in the supposed direction, as to be clearly

State v. Elwell

380 A.2d 1016 · Supreme Judicial Court of Maine · Dec 9, 1977

, 1 although made with reference to collateral attacks on criminal judgments, suggests much of the same rationale which underlies the “harmless error” doctrine established by M.R.Crim.P. 52. … At oral argument appellants’ counsel conceded that the expert was sufficiently qualified.

Boucher v. Maine Employment Security Commission

464 A.2d 171 · Supreme Judicial Court of Maine · Aug 8, 1983

RECALL FROM LAYOFF A.Employees laid off from the plant will be recalled to open jobs that they are qualified to perform and will remain in that job until recalled to their regular job. … frequent, if so found by the deputy, and disqualification shall continue until claimant has earned 4 times his weekly benefit amount in employment by an employer; provided no disqualification shall be imposed if the individual establishes

Lewiston Firefighters Ass'n, Local 785 v. City of Lewiston

354 A.2d 154 · Supreme Judicial Court of Maine · Mar 1, 1976

The Justice issued a judgment in favor of the Firefighters as qualified by these holdings. … The Statutory Right to Parity Pay Regardless of the existence or non-existence of a contractual right to parity pay, the Firefighters clearly had a statutory right to parity pay until October 1, 1969.

Kimball v. State

490 A.2d 653 · Supreme Judicial Court of Maine · Apr 5, 1985

Trial Counsel We established in Lang v. Murch, 438 A.2d 914, 915 (Me.1981), a “reasonably competent assistance” standard for evaluating the effectiveness of court-appointed trial counsel. … The conclusions of the post-conviction court as to the effectiveness of trial counsel will be reversed only when clearly erroneous. Id. at 795 .

State v. Bellino

390 A.2d 1014 · Supreme Judicial Court of Maine · Jul 31, 1978

And the more so since the test likewise may establish innocence, thus affording protection against the treachery of judgment based on one or more of the senses. … Even with the Breithaupt and Schmerber decisions in mind, our Legislature, as a perusal of the implied consent legislation clearly demonstrates, has shown a great concern over the right of the State to take blood or breath

Mills v. Town of Eliot

955 A.2d 258 · Supreme Judicial Court of Maine · Aug 28, 2008

the CEO’s granting of the building permit, concluding that: Based upon the above stated facts and the provisions of the ordinances cited, *261 the Board of Appeals concludes that the Code Enforcement Officer did not act clearly … Unless the transferor’s intent in doing so was found to be an attempt to avoid the requirements applicable to subdivisions, the subdivided parcel qualified as a “family subdivision” pursuant to section 4401(4)(D). B.

Sawyer v. State

382 A.2d 1039 · Supreme Judicial Court of Maine · Feb 24, 1978

In any event, the justice was clearly entitled to find that petitioner's own testimony was unworthy of belief, and, therefore, that petitioner had failed to carry his burden of proof by "clear and convincing evidence" that … The 1926 report of the Commissioners' committee that drafted the original Uniform Act leaves no doubt that they meant the phrase "supported by affidavit" to qualify "information" only.

United States

137 Me. 302 · Supreme Judicial Court of Maine · Apr 2, 1941

No further action was taken by the Government to prosecute its claim against the estate until August 5,1937, more than four years after the administrator qualified. It. … The principles which govern this situation are clearly distinguishable from those enunciated by many authorities, including our OAvn court in Hodge v. Hodge, 90 Me., 505, 38 A., 535 , and Stewart v.

Peabody v. Hewett

52 Me. 33 · Supreme Judicial Court of Maine · Jul 1, 1861

And so long as such a relation continues, the authorities cited for the demandants, well establish the principle that the party holding such contract as valid, possesses the premises described therein, in submission to the … It is not absolutely necessary, in law, to have all the formal parts that are usually drawn out in the deeds, so as there be sufficient words to declare clearly and legally the party’s meaning. In Catlin v.

Gosselin v. Better Homes, Inc.

256 A.2d 629 · Supreme Judicial Court of Maine · Aug 27, 1969

Ward, 1913, 111 Me. 134 , 88 A. 400 . *636 The defendant quotes the language of this Court in support of his contention: “The time in which a mortgage may be redeemed is clearly fixed by statute and the court cannot enlarge … given by properly qualified witnesses.

Nestle Waters North America, Inc. v. Town of Fryeburg

967 A.2d 702 · Supreme Judicial Court of Maine · Mar 19, 2009

In extensive written findings, the Planning Board found that Poland Spring’s project met the standards set out in the ordinance to qualify as an omitted use in the rural residential district. … decision, the Planning Board recognized its obligation to apply the land use ordinance impartially, and identified the applicable provision as section 5(D), governing omitted uses: 11 , *713 [Poland Spring’s] application has clearly

King v. Pillsbury

115 Me. 528 · Supreme Judicial Court of Maine · Jan 9, 1917

The preliminary query as to whether the witness was qualified to so testify was within the discretion of the presiding Justice. The propriety of receiving such evidence is well settled. … It having been settled by the law from time immemorial that such a statement would be libellous if untrue, it was clearly the duty of the court to so state.

State of Maine v. David M. Wyman

107 A.3d 1134 · Supreme Judicial Court of Maine · Jan 15, 2015

Admission of the Cell Phone Billing Records [¶20] David argues that the cell phone billing records should have been excluded pursuant to Maine Rule of Evidence 403.4 He contends that the Verizon employee was not qualified … balancing the probative value of proffered evidence against the prejudicial, misleading, or confusing effects of such evidence, and will vacate the admission of evidence over a Rule 403 objection only if the trial court clearly

Timberlake v. Frigon & Frigon

438 A.2d 1294 · Supreme Judicial Court of Maine · Jan 7, 1982

We must treat the Commissioner as having made all factual determinations which could, in accordance *1296 with correct legal concepts, support his decision, 2 testing the assumed findings by the clearly erroneous standard … In the past we have emphasized the right to control and stated that it is best established by the right in the employer to discharge the employee at will.