Case law

State v. Stone

397 A.2d 989 · Supreme Judicial Court of Maine · Feb 20, 1979

Collins, Me., 297 A.2d 620 (1972), we held that the prosecution has the burden of establishing the legal admissibility of a confession beyond a reasonable doubt. … First, the evidence was calculated to establish insanity, not incompetence. We have had occasion in the past to distinguish these two concepts. In State v.

Lewiston, Greene & Monmouth Telephone Co. v. New England Telephone & Telegraph Co.

299 A.2d 895 · Supreme Judicial Court of Maine · Jan 26, 1973

Hence, we conclude that it is presently unnecessary and inappropriate that we decide whether the Commission’s Order of May 24, 1972 is a “final decision”, within the meaning of Section 303, qualifying it as subject to the … , it is absolutely immaterial . . . which party to the connection initiated the attempt to establish the connection.”

State v. McConvey

459 A.2d 562 · Supreme Judicial Court of Maine · Apr 26, 1983

Campbell was certainly qualified to administer the test. The test results were properly admitted in evidence. … If the transcript had been properly certified by the reporter as accurate, the court could clearly have considered its contents even if it were not admitted in evidence simply by taking judicial notice of it.

Apple Inc. v. State Tax Assessor

254 A.3d 405 · Supreme Judicial Court of Maine · Feb 18, 2021

It was the expectation of reimbursement at the time of sale that conclusively established that the price reduction granted was not a nontaxable discount. See id. ¶ 17. … Apple clearly expected to be reimbursed for the iPhone price reductions it granted to customers who entered into wireless service contracts that qualified for reimbursement by the carriers.

Martin

133 Me. 422 · Supreme Judicial Court of Maine · Jun 17, 1935

This clearly expresses the law respecting the operation and validity of wills. The court of probate allowed the document in question as and for the last will of the decedent. … A fair preponderance of the evidence must establish not only that the testator signed, but that he was of sound mind at the time of doing so.

Churchill v. S. A. D. 49 Teachers Ass'n

380 A.2d 186 · Supreme Judicial Court of Maine · Nov 18, 1977

So long as the record clearly identifies the issue raised and contains the necessary information to permit a determination of the question, no further particularization is required. … The claimed illegality of the “agency shop” provision of the agreement qualifies as a special situation where original recourse to the courts should be used rather than proceeding at the administrative level.

Macurda v. Lewiston Journal Co.

109 Me. 53 · Supreme Judicial Court of Maine · Mar 14, 1912

The sense of actionable words may be so far qualified by subsequent words spoken in the same connection, that the words *58 taken together are not actionable. … The same rule was established in Massachusetts in Allen v.

Warren v. Waterville Urban Renewal Authority

235 A.2d 295 · Supreme Judicial Court of Maine · Nov 21, 1967

right to say when such knowledge is shown, and to the jury the right to say what the opinion is worth; and, as in all other cases of discretion, this court will review the action of the trial court only when that discretion clearly … Indeed, if each person previously involved in effecting comparable sales should have to be called to the stand to establish the detailed facts of such sales, it would lengthen litigation of this kind out of all reason and

Wallingford v. Kennedy

2000 Me. 112 · Supreme Judicial Court of Maine · Jun 15, 2000

THE DISPUTED BOUNDARY [¶ 15] “The law is well established that the determination of the boundaries of property as ascertained from a deed is a question of law. … Where the boundaries are on the face of the earth is a question of fact and the court’s factual finding in that regard will not be disturbed unless clearly erroneous.” Lawton v.

Carleton v. Rockland, Thomaston & Camden Street Railway

110 Me. 397 · Supreme Judicial Court of Maine · Apr 7, 1913

These are the authorities relied upon by the defendant in this case, but they are clearly not in point. … It is •completely established. *406 The amount of damages that should be awarded is the only question left, that also being submitted to this court by the terms of the report, in case of defendant’s liability.

Crocker v. MAINE EMP. SEC. COM'N

450 A.2d 469 · Supreme Judicial Court of Maine · Sep 7, 1982

The information was clearly supplied to the claimant when he applied for unemployment benefits *473 that he must report any services including self-employment whether or not he had been paid. … The effect of the "Partial Consent Decree" was to establish conclusively that the two statements found by the Commission to have been false were not in fact false.

Levesque v. Commissioner, Department of Human Services

508 A.2d 943 · Supreme Judicial Court of Maine · Apr 24, 1986

The regulation thus provides a benchmark for determining what assets qualify as income for purposes of the Act. An example of the consideration of the actual availability regulation is seen in Owens v. … Thus, the State agency shall establish eligibility based on its best estimate of income and circumstances which will exist in the month for which the assistance payment is made. 45 C.F.R. § 233.33 (a) (1985).

Gloria Carignan v. Paul R. Dumas Jr.

154 A.3d 629 · Supreme Judicial Court of Maine · Jan 19, 2017

fact that the road was used for logging during the 1970s and 1980s, and asserted that the affidavits of Rachel Meisner and Brian Milligan, submitted in support of Dumas’s statements of material facts, “failed to set out qualifying … Similarly, we have said that “all statutes will be considered to have a prospective operation only, unless the legislative intent to the contrary is clearly expressed or necessarily implied from the language used.”

In Re Paradis'will

147 Me. 347 · Supreme Judicial Court of Maine · Mar 31, 1952

Adams, supra, for example, which the appellants cite as declaring that sanity on the part of the testator is one of the things a witness must be qualified to attest at “the time of the act,” i.e., the signing, Judge Kent, … And for the purpose of setting out more clearly the unnaturalness of the will, it may be shown that relations between the testator and the relatives not provided for were pleasant, or that the latter were dependent for support

Veazie v. Forsaith

76 Me. 172 · Supreme Judicial Court of Maine · May 22, 1884

In accordance with the rules of construction established by these cases of Smith v. Fellows and Greville v. … The only difference is that one has the precedence of the other, and only the final disposition is qualified by the words "and what remains of said income if anything.”

Mansfield v. Gushee

120 Me. 333 · Supreme Judicial Court of Maine · Jul 11, 1921

This may be better established by the testimony of those who assisted in the delivery when their presence-can be procured.” … (a) Except as qualified by rule (c) a book of original entries supported by a suppletory oath, but without an evidential statement as to delivery of the goods or performance of the services, is not sufficient evidence of

Central Maine Power Co. v. Public Utilities Commission

156 Me. 295 · Supreme Judicial Court of Maine · Aug 16, 1960

the exercise of the rate-making power unless confiscation is clearly established. … not interfere with the exercise of the rate-making power unless confiscation is clearly established.”

McLellan v. Crofton

6 Me. 307 · Supreme Judicial Court of Maine · May 15, 1830

So if a person, not by law qualified to sit in the trial of a real action, where the tenant claims compensation for his improvements, because he holds lands by a possessory title in the same manner, does actually sit as a … This view and this reasoning seem clearly to be sanctioned by decided cases. Thus in Martin v.

State v. Rand

366 A.2d 183 · Supreme Judicial Court of Maine · Nov 8, 1976

intends to make a conditional gift, in behalf of said city or town the municipal officers of said city or town, shall, within sixty days after said notice to them, call a legal meeting of the inhabitants of said city or town qualified … Conversely, where the dis-positive instrument clearly shows an attachment to one object, or one donee, the subject property will revert to the donor’s estate. Snow v.

State v. Willoughby

507 A.2d 1060 · Supreme Judicial Court of Maine · Apr 9, 1986

Here, the fact that the Willoughbys’ attorney stated that he had a “feeling” there was a “real possibility” they might continue to refuse to testify regardless of the decision on appeal does not establish their continuing … However, the better practice is to require the witness to appear and claim any privilege or immunity he may have or raise an objection to particular questions put to him. See 8 J. Moore at 17-18; 2 C.