Case law

State v. Murphy

991 A.2d 35 · Supreme Judicial Court of Maine · Mar 25, 2010

The Court acknowledged that in refusing to clearly define testimonial, “interim uncertainty” would exist regarding the distinction between testimonial and nontestimonial evidence. Id. at 68 n. 10, 124 S.Ct. 1354 . … The Court’s majority recognized that, by their nature, business and public records are not testimonial: Business and public records are generally admissible absent confrontation not because they qualify under an exception

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.

State v. Van Sickle

434 A.2d 31 · Supreme Judicial Court of Maine · Aug 21, 1981

That the substance sold was in fact, marijuana was confirmed by the testimony of a chemist, duly qualified as an expert witness. … Clearly the officer’s testimony contains sufficient detail. See State v. Taylor, Me., 343 A.2d 11 (1975).

Charlton v. Town of Oxford

774 A.2d 366 · Supreme Judicial Court of Maine · Jul 12, 2001

. [¶ 25] Johnson clearly establishes that statutory causes of action pursuant to Title 17 M.R.S.A. § 2701 are limited to those nuisances delineated in the statute. Johnson, 384 A.2d at 702 ; see also State v. … P. 12(a) stating "[a] qualified justice may participate in a decision even though not present at oral argument." [1] Section 19 of the Oxford Zoning Ordinance states in pertinent part: C.

Town of Kittery v. James M. Dineen

157 A.3d 788 · Supreme Judicial Court of Maine · Mar 16, 2017

Contempt [¶15] The Town suggests that the issue of contempt is moot because Dineen purged the contempt when he removed the burnt bus at issue from his property prior to the court-established … Therefore, the trial court did not abuse its discretion or clearly err in finding Dineen in contempt for violating the June 19, 2015, procedural order. B.

State v. Rees

748 A.2d 976 · Supreme Judicial Court of Maine · Mar 31, 2000

basis that they were not voluntarily given pursuant to Article I, § 6 of the Maine Constitution. [2] A hearing was held and the court entered an order granting the motion to suppress on the following grounds: As the record clearly … The State appeals. [¶ 3] The court based its decision on the following test established in State v.

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.

State v. Duguay

158 Me. 61 · Supreme Judicial Court of Maine · Feb 20, 1962

W. (2nd) 81 (state failed to show clearly no opportunity for improper influence). See annotation on separation of jury in criminal cases in 21 A. L. R. (2nd) 1088. … The rules governing the finding of murder under our statute have been well established over many years. In State v.

Smith v. Larrabee

58 Me. 361 · Supreme Judicial Court of Maine · Jul 1, 1870

Assuming that these facts sufficiently establish a possession, the question is whether such possession debars the foreclosure in this mode, and compels the party to resort to some other mode. … The description in the notice is clearly sufficient to inform those entitled to redeem, with reasonable certainty, what premises are intended. Chase v. McLellan, 49 Maine, 375.

Depositors Trust Company of Augusta v. Johnson

222 A.2d 49 · Supreme Judicial Court of Maine · Aug 2, 1966

The plaintiff Trust Company is the *50 duly qualified executor of Mr. Lane’s will and Jean F. Durgin is a legatee and dev-isee thereunder. … It cited the following text from Blackmore and Bancroft on Inheritance Taxes, p. 196: “We believe the true rule is that as the inheritance tax is a special tax, the intention to impose it in any case must be clearly expressed

State v. Dumont

507 A.2d 164 · Supreme Judicial Court of Maine · Mar 27, 1986

To zealously enforce our constitutional safeguards throughout the procedure leading up to the deprivation of liberty and then to abandon them at that critical point, is to produce a result that clearly signals a radical defect … , in accordance with some pre-exist-ing law, and a trial by a court of justice, according to the regular and established course of judicial proceedings.

Fosdick v. Gooding

1 Me. 30 · Supreme Judicial Court of Maine · Aug 15, 1820

In both cases it is the act of the husband, mediate or immediate, which creates the severance of the estate, and, to the extent before mentioned, qualifies the rights of the widow. … The principle is clearly stated in Varnum v. Abbot & al. 12 Mass. 480.

Craig v. Inhabitants of Franklin County

58 Me. 479 · Supreme Judicial Court of Maine · Jul 1, 1870

Plainly, we think, for the reasons and upon the principles succinctly and clearly stated by Cutting, J., in Hooper v. … It is but a qualified title and ownership that they have in their pews.

Fitanides v. City of Saco

843 A.2d 8 · Supreme Judicial Court of Maine · Mar 8, 2004

Fitanides must establish that the applicability preambles facially violate equal protection before the City is required to demonstrate a rational basis for the preambles. Vella, 677 A.2d at 1054 . … City of Westbrook, 502 A.2d 476, 480 (Me.1985) (“Undefined terms should be given their common and generally accepted meaning unless the context clearly indicates otherwise.”).

State of Maine v. Donna Pagnani

193 A.3d 823 · Supreme Judicial Court of Maine · Aug 30, 2018

Cooper, 2017 ME 4, ¶ 2, 153 A.3d 759 (“A finding of fact supporting a suppression order will not be disturbed on appeal unless clearly erroneous, that is, lacking any competent evidence in the record to support … The Court held that cell phones5 believed to contain evidence of criminal activity could be seized incident to a lawful arrest, but qualified Robinson to hold that a subsequent search of the digital memory of

Dunn v. Morse

109 Me. 254 · Supreme Judicial Court of Maine · Jun 21, 1912

Dunn, the plaintiff, was appointed and qualified as trustee under the will of said James P. Parker. Esther A. … That the bequest to Robert W. and Esther A. was a valid bequest for charitable uses is too well established to be questioned. Drew v. Wakefield, 54 Maine, 291; Everett v. Carr, 59 Maine, 325; Fox v.

Bernard v. Cives Corp.

395 A.2d 1141 · Supreme Judicial Court of Maine · Dec 28, 1978

Alternatively, Cives contends that even if possessed of such power, the Commission here wrongly exercised it: Bernard’s injury, sustained on May 24, 1976, did not qualify him for the ceiling escalation to 133V3% of the statewide … We continue to view it as “fundamental that we look to the purpose for which a law is enacted and that we avoid a construction which leads to a result clearly not within the contemplation of the lawmaking body . . . even

Gashgai v. Board of Registration in Medicine

390 A.2d 1080 · Supreme Judicial Court of Maine · Aug 24, 1978

Subsequently, however, the Department of Health and Welfare retroactively (and posthumously) determined that this patient qualified for welfare benefits. Dr. … The Board asserts that this mistaken impression was corrected, but the record does not clearly reflect that it was.

State v. Cugliata

372 A.2d 1019 · Supreme Judicial Court of Maine · Apr 20, 1977

[the statement] will establish for you would be that there existed, if in fact you find that it does establish that, an intention in the mind of the decedent to make a trip, and also as bearing upon whether or not in fact … Each juror knows that the ability to communicate clearly varies from juror to juror.

State of Maine v. Victoria Scott

211 A.3d 205 · Supreme Judicial Court of Maine · Jul 9, 2019

determination of whether exposure to potentially prejudicial extraneous evidence would incurably taint the jury verdict or whether a curative instruction would adequately protect against consideration of the matter stands unless clearly … The friend received immunity from the State in exchange for testifying. Scott had another seizure-like event shortly after arriving at the hospital and was treated with benzodiazepine.