Case law

Stone v. Curtis

115 Me. 63 · Supreme Judicial Court of Maine · Apr 25, 1916

The plaintiff upon qualifying as administrator acted upon information received from Charles G. … Viele to him and clearly shows a loan of two thousand dollars from Annie V. Curtis to the defendant in 1898, and that the transaction was not*a gift, for the defendant nowhere in the letter claims that it was.”

Questions Submitted by the House of Representatives, March 20, 1901

95 Me. 564 · Supreme Judicial Court of Maine · Mar 20, 1901

Clearly the Governor and Council asking that question could not act in the matter. … Clearly, this whole matter was entirely outside of Executive action.

State v. Anderson

409 A.2d 1290 · Supreme Judicial Court of Maine · Dec 31, 1979

In establishing the corpus delicti of murder, two elements must be established: (1) the fact of death of the victim; and (2) the criminal agency of another responsible for that death. Tertrou v. … Second, any assumed error in the admission of an extrajudicial statement which did not qualify as an adoptive admission on the part of Anderson would have to be considered harmless and nonprejudicial, since Anderson himself

Smith v. Town of Pittston

2003 Me. 46 · Supreme Judicial Court of Maine · Apr 7, 2003

First, unlike section 1310-U, section 1305(6) clearly contemplates the DEP and Town’s joint participation in licensing the spread of septage. … Second, in section 1310-U, our Legislature clearly demonstrated that it is aware of its authority to preempt municipal participation in waste management matters.

Scott v. Lipman & Katz, P.A.

648 A.2d 969 · Supreme Judicial Court of Maine · Oct 26, 1994

Therefore, the court’s finding in the Rule 17A order that “the requirements of the Maine Rules of Civil Procedure 17A have been satisfied” was clearly erroneous. … This finding clearly relates to the attorney fees issue and not the right of the Seotts to attend a hearing where the minor settlement would be considered. .

Lucas v. Maine Commission of Pharmacy

472 A.2d 904 · Supreme Judicial Court of Maine · Feb 17, 1984

The American Council on Pharmaceutical Education (ACOPE) was established in 1932, 7 has been recognized (first in 1952 and continuously since) by the United States Commissioner of Education as the sole national accrediting … that Maine is far from alone in attaching significance to the fact that an applicant has graduated from an ACOPE-accredited school. 11 These aspects of independent significance inhering in ACOPE accreditation nationally clearly

Dolliver v. Granite State Fire Insurance

111 Me. 275 · Supreme Judicial Court of Maine · Dec 10, 1913

This clearly shows the reasoning of the Illinois court. … It is not qualified by any other clause in the policy.”

City of Lewiston v. GLADU

40 A.3d 964 · Supreme Judicial Court of Maine · Mar 27, 2012

Avi Brisman, Considerations in Establishing a Stormwater Utility, 26 S. Ill. U. L.J. 505 , 521-22 (2002) (cited with approval in McLeod, 599 S.E.2d at 155 ). 1. … Attorney Fees [¶ 27] “We review the Superior Court’s determination of attorney fees for an abuse of discretion,” and the award is upheld unless it is clearly erroneous. Lee v.

State of Maine v. Timothy D. Curtis

210 A.3d 834 · Supreme Judicial Court of Maine · Jun 20, 2019

We have held that “[i]n the absence of a chemical analysis, other direct and circumstantial evidence can establish beyond a reasonable doubt the identity of drugs. … an excited utterance even though the victim wrapped up his injured hand and waited several minutes after the attack until he felt it was safe to leave to seek help). [¶37] Accordingly, the trial court did not clearly

Bradley v. Chase

22 Me. 511 · Supreme Judicial Court of Maine · May 15, 1843

That part of the testimony, which speaks of representations made by the defendant after the sale, is clearly inadmissible, and it must be disregarded. … But as a misrepresentation on the part of the defendant has been established, he is not entitled to costs.

Sebasticook Valley Health Care Facility, Inc. v. State

484 A.2d 595 · Supreme Judicial Court of Maine · Nov 7, 1984

Accordingly, it insisted on a variable rate of interest that would change periodically to correspond to the prime rate established by the First National Bank of Boston. … However, the Department clearly did warn Dr.

Pamela J. (Tower) Weinle v. Estate of Allan R. Tower

2025 ME 62 · Supreme Judicial Court of Maine · Jul 10, 2025

, do not become totally immune from change for all time. … “A finding is clearly erroneous if it is unsupported by competent evidence in the record.”

Searles v. Fleetwood Homes of Pennsylvania, Inc.

878 A.2d 509 · Supreme Judicial Court of Maine · Aug 5, 2005

by the Searleses. [¶ 21] The Maine Rules of Evidence provide, “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … Upham’s testimony was sufficiently reliable, the finding cannot be said to be clearly erroneous. [¶ 30] Having established that the testimony was sufficiently reliable, the next question is whether the court erred in admitting

City of Lewiston v. William Verrinder

275 A.3d 327 · Supreme Judicial Court of Maine · May 31, 2022

Every person, for an injury inflicted on the person or the person’s reputation, property or immunities, shall have remedy by due course of law; and right and justice shall be administered freely and without sale, completely … The trash on Verrinder’s lawn clearly did not pose any such threat.

In Re Haley's Estate

84 A.2d 808 · 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.

Owen v. Boyle

22 Me. 47 · Supreme Judicial Court of Maine · Jul 15, 1842

R. 84, it is clearly implied, that replevin will lie, where an action of trespass can be sustained. Clark v. Skinner, 20 Johns. … They present a case too absurd to be regarded with favor, till it is shown that the law of New Brunswick, which we are bound not only to respect, but which in this instance requires implicit obedience, *75 clearly establishes

Marston

79 Me. 25 · Supreme Judicial Court of Maine · Feb 2, 1887

Probate courts were first established by statute in 1784. Mass. St. 1784, c. 46. Wales v. Willard, 2 Mass. 124 . … And this comprehensive and clearly defined interest constitued the only exception which precluded or excused a judge of probate from taking the probate - of the will of any deceased inhabitant of his county.

State of Maine v. Karl Maine

2017 ME 25 · Supreme Judicial Court of Maine · Feb 2, 2017

Finally, he argues that the evidence presented was not sufficient to establish beyond a reasonable doubt that Maine intentionally set fire to the diner. B. … Irving, 2003 ME 31, ¶ 14, 818 A.2d 204 (where three qualified experts testified to the reliability of use of a particular methodology in determining vehicle speed, a court did not abuse discretion in admitting another expert

State v. Pickering

462 A.2d 1151 · Supreme Judicial Court of Maine · Jul 1, 1983

His testimony clearly established compliance with the prerequisites set forth in 29 M.R. … The conduct prohibited and the punishment authorized under both section 1312-B and section 1312-C are clearly and unambiguously set forth.

Somerset County v. Department of Corrections

133 A.3d 1006 · Supreme Judicial Court of Maine · Feb 18, 2016

pending suit, even if properly instituted against an 1 That ambiguity is created by a second affidavit executed by Sheriff Merry, submitted by DOC in support of its opposition to the County’s motion, in which he qualified … Further, the Board does not point to an established or settled procedure that required the County to take action of some sort.