Category: Maine Supreme Judicial Court Opinions

STATE of Maine v. Richard W. BRAGG. Supreme Judicial Court of Maine.Submitted on Briefs January 22, 1992. Decided March 11, 1992. Appeal from the Superior Court, Androscoggin County, Fritzsche and Alexander, JJ. Janet Mills, Dist. Atty., Craig E. Turner, Deputy Dist. Atty., Auburn, for State. Arthur J. Greif, Isaacson Raymond, P.A., Lewiston, for defendant. Before […]

929 A.2d 476 Daniel E. BROWN Jr. v. Faith M. BROWN. Docket: Pen-06-380.Supreme Judicial Court of Maine.Submitted On Briefs: May 17, 2007. Decided: July 17, 2007. Appeal from the Bangor District Court, Gunther, J. Page 477 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Ronald NOLETTE v. Mary O’NEIL. Supreme Judicial Court of Maine.Submitted on Briefs June 20, 1996. Decided July 31, 1996. Appeal from the Superior Court, York County, Brodrick, A.R.J. Page 1085 Craig T. Gardner, Gardner, Gardner Murphy, Saco, for Plaintiff. Eric Cote, Saco, for Defendant. Before WATHEN, C.J., and ROBERTS, GLASSMAN, RUDMAN and LIPEZ, JJ. LIPEZ, […]

Eleanor TURNER, Administratrix of the Estate of Durward G. Turner, et al. v. Sherman COLLINS et al. Supreme Judicial Court of Maine. January 26, 1977. Appeal from the Superior Court, Franklin County. Pierce, Atwood, Scribner, Allen McKusick by Ralph I. Lancaster, Jr., John J. O’Leary, Jr., Portland, Berman, Berman Simmons, P.A. by Jack H. Simmons, […]

STATE of Maine v. Timothy ROBINSON. Supreme Judicial Court of Maine.Argued June 12, 1989. Decided July 13, 1989. Appeal from the Superior Court of Penobscot County, Smith, J. Page 493 R. Christopher Almy, Dist. Atty. and Philip C. Worden (orally), Asst. Dist. Atty., Bangor, for the State. Marshall T. Carey (orally), Bangor, for defendant. Before […]

STATE of Maine v. Francis W. WHITE, Sr. Supreme Judicial Court of Maine.Argued January 13, 1983. Decided May 24, 1983. Appeal from the Superior Court, Knox County. Page 1018 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1019 James E. Tierney, Atty. […]

976 A.2d 980 STATE of Maine v. Donald K. CHRISTEN. No. Docket: Som-07-504.Supreme Judicial Court of Maine.Argued: June 17, 2009. Decided: July 28, 2009. Appeal from the Superior Court, Somerset County, Studstrup, J. Page 981 Peter B. Bickerman, Esq. (orally), Verrill Dana LLP, Augusta, ME, for Donald K. Christen. Evert N. Fowle, District Attorney, James […]

STATE of Maine v. Glenn REED. Supreme Judicial Court of Maine. November 10, 1975. Appeal from the Superior Court, Knox County. Frank F. Harding, Dist. Atty., Rockland, Charles K. Leadbetter, Asst. Atty. Gen., Augusta, for plaintiff. Grossman, Faber Miller P.A. by Edward B. Miller, Rockland, for defendant. Page 124 Before DUFRESNE, C.J., and WEATHERBEE, POMEROY, […]

189 A.2d 380 JOSEPH PAUL LABREQUE vs. OREL E. HOLMES Supreme Judicial Court of Maine. Androscoggin. Opinion, March 20, 1963. Negligence. Verdict. The presiding justice can properly direct a verdict for the defendant, if it can be shown that as a matter of law the plaintiff did not exercise due care. ON APPEAL. This negligence […]

STATE of Maine v. Rick PHILPOT. Supreme Judicial Court of Maine. October 22, 1976. Appeal from the Superior Court, Kennebec County. Page 123 Joseph M. Jabar, Dist. Atty., Augusta, for plaintiff. Warren M. Poulin, Winslow, for defendant. Before DUFRESNE, C.J., and WEATHERBEE,[*] POMEROY, WERNICK and ARCHIBALD, JJ. [*] WEATHERBEE, J. sat at argument and participated […]

STATE of Maine v. John R. MIMMOVICH. Supreme Judicial Court of Maine. September 2, 1977. Appeal from the Superior Court, Cumberland County. Page 117 Henry N. Berry, III, Dist. Atty., Peter G. Ballou, Deputy Dist. Atty., Joanne Sataloff, Law Student, Portland, for plaintiff. Drummond Drummond by David N. Fisher, Jr., Portland, for defendant. Before DUFRESNE, […]

Asa E. PHILLIPS, Jr., v. Kate May GREGG, and W. Layton Stewart, as trustees. Supreme Judicial Court of Maine.Submitted on Briefs April 29, 1993. Decided July 14, 1993. Appeal from the Superior Court, Hancock County, Silsby, J. William Fenton, Bar Harbor, for plaintiff. Anthony J. Giunta, Ellsworth, for defendant. Before WATHEN, C.J., and ROBERTS, GLASSMAN, […]

129 A.2d 559 STATE OF MAINE vs. HECTOR R. CHABOT, APLT. Supreme Judicial Court of Maine. Oxford. Opinion, February 14, 1957. Criminal Law. Driving Under Influence. Blood Test. Evidence. A prosecutor in a criminal case is not compelled to introduce all the evidence available. The failure of the State to offer proof of the results […]

STATE of Maine v. Brett CHRISTIANSON. Supreme Judicial Court of Maine. August 21, 1979. Appeal from the Superior Court, Waldo County. Page 1000 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1001 John Atwood, Dist. Atty., Belfast, William R. Anderson (orally), Asst. […]

8 A.3d 670 Merilyn A. DALTON et al. v. Reed D. QUINN et al. Docket: Cum-10-120.Supreme Judicial Court of Maine.Submitted on Briefs: October 21, 2010. Decided: November 23, 2010. Appeal from the Superior Court, Cumberland County, Warren, J. Page 671 John P. Flynn, III, Daniel G. Lilley Law Offices, P.A., Portland, ME, for Merilyn Dalton. […]

STATE of Maine v. Bruce WEYMOUTH. Supreme Judicial Court of Maine.Argued May 10, 1985. Decided August 9, 1985. Appeal from the Superior Court, Kennebec County. Page 1054 David Crook, Dist. Atty., Alan P. Kelley (orally), Deputy Dist. Atty., Augusta, for plaintiff. Levey Gleason, P.A., John Gleason (orally), Winthrop, for defendant. Before McKUSICK, C.J., and NICHOLS, […]

185 A.2d 127 CHARLES M. MCCARTY v. GREENLAWN CEMETERY ASSN. MAYNARD A. ELLIS AND GLADYS E. ELLIS Supreme Judicial Court of Maine. Waldo. Opinion, October 29, 1962. Real Estate. Lien Claims. Statutory Law. Taxation. When a statute imposing or enforcing a tax or other burden on the citizen, even in behalf of the state, is […]

Albert E. ANNABLE v. BOARD OF ENVIRONMENTAL PROTECTION. Supreme Judicial Court of Maine.Argued March 13, 1986. Decided April 7, 1986. Appeal from the The Superior Court, Kennebec County. Snyder Jumper, Ervin D. Snyder, (orally), Wiscasset, for plaintiff. Phyllis Gardiner, (orally), Asst. Atty. Gen., Augusta, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN and GLASSMAN, […]

Savely KUPERMAN, et al. v. Charles EIRAS, et al. Supreme Judicial Court of Maine.Argued January 4, 1991. Decided February 28, 1991. Appeal from the Superior Court, Cumberland County, Brodrick, J. Page 1261 John Howard (orally), Turesky Howard, Portland, for plaintiffs. U. Charles Remmel and Timothy Norton (orally), Kelly, Remmel Zimmerman, Portland, for defendants. Before McKUSICK, […]

Richard ROGERS v. Harlan SYLVESTER, Martin A. Magnussen, Susan Cole Cookson, Charles Leadbetter. Supreme Judicial Court of Maine.Argued January 17, 1990. Decided February 9, 1990. Appeal from the Superior Court, Kennebec County, Brody, J. Seth Berner (orally), Portland, Neil D. Jamieson, Jr., and Dana E. Prescott, Saco, for plaintiff. James E. Tierney, Atty. Gen. and […]

CAMDEN NATIONAL BANK v. Henry O. BONNAR. Supreme Judicial Court of Maine. November 21, 1979. Appeal from the Superior Court, Knox County. Harmon, Jones Sanford by John J. Sanford, Camden (orally), for plaintiff. Steven C. Peterson, Camden (orally), for defendant. Before POMEROY, WERNICK, ARCHIBALD, DELAHANTY and GODFREY, JJ. POMEROY, Justice. A judgment in favor of […]

789 A.2d 1277 STATE OF MAINE v. SCOTT P. ANTHOINE. Docket Ken-01-467.Supreme Judicial Court of Maine.Argued December 5, 2001. Decided February 8, 2002. Appealed from the Superior Court, Kennebec County, Marden, J. G. Steven Rowe, Attorney General, Leanne Robbin, Assist. Attorney General, (orally), Augusta, for State. Sean M. Farris, Esq., (orally), Farris, Heselton, Ladd Bobrowiecki, […]

NORTH SCHOOL CONGREGATE HOUSING v. Ruth MERRITHEW. Supreme Judicial Court of Maine.Argued January 9, 1989. Decided May 18, 1989. Appeal from the Portland District Court, Donovan, J. Neil Shankman (orally), Legal Center of Maine, Lewiston, for plaintiff. James E. Tierney, Atty. Gen., Peter J. Brann, Asst. Atty. Gen., Augusta, amicus curiae. Thomas H. Kelley, Peter […]

953 A.2d 1138 STATE of Maine v. John BARRETTO. No. Docket: Aro-07-419.Supreme Judicial Court of Maine.Submitted on Briefs: April 2, 2008. Decided: July 22, 2008. Appeal from the Superior Court, Aroostook County, Hunter, J. Page 1139 Luke M. Rossignol, Esq., Bemis Rossignol, LLC, Presque Isle, ME, for John Barretto. Neale T. Adams, District Attorney, Todd […]

853 A.2d 767 MAINE FARMS VENISON, INC. v. PEERLESS INSURANCE CO. Docket: Lin-03-266.Supreme Judicial Court of Maine.Argued: November 5, 2003. Decided: June 24, 2004. Appeal from Superior Court, Lincoln County, Warren, J. Thomas J. Connolly, Esq. (orally), Portland, ME, Attorney for plaintiff. Thomas S. Majerison, Esq. (orally), Norman, Hanson DeTroy, LLC Portland, ME, Attorney for […]

STATE of Maine v. Michael WITHAM. Supreme Judicial Court of Maine.Argued June 8, 1988. Decided July 27, 1988. Appeal from the Superior Court of Piscataquis County. Page 330 R. Christopher Almy, Dist. Atty., and Philip C. Worden, (orally), Asst. Dist. Atty., Dover-Foxcroft, for plaintiff. Charles Hodsdon, II, (orally), Bangor, for defendant. Before McKUSICK, C.J., and […]

15 A.2d 65 GLADYS B. DOYLE vs. ELMER L. WILLIAMS, TRUSTEE ET AL. GLADYS B. DOYLE vs. ELMER L. WILLIAMS, TRUSTEE ET AL. No. 471 No. 472Supreme Judicial Court of Maine. Aroostook. Opinion, August 28, 1940. MORTGAGES. EQUITY. In mortgagor’s proceeding for redemption of trust mortgage given to defendant, as trustee, for mortgagor’s unsecured creditors, […]

STATE of Maine v. Charles L. ANTON and Joseph A. Sylvester. Supreme Judicial Court of Maine.Argued January 11, 1983. Decided July 14, 1983. Appeal from the Superior Court, Cumberland County. Page 704 Wayne S. Moss, Asst. Atty. Gen. (orally), Augusta, for plaintiff. Becker Olmsted, P.A., Peter J. Becker (orally), Bridgton, Jeffrey Pickering, Naples, for defendants. […]

STATE of Maine v. William STONE, Jr. Supreme Judicial Court of Maine. February 20, 1979. Appeal from the Superior Court, Cumberland County. Page 990 Richard S. Cohen, Deputy Atty. Gen., Michael D. Seitzinger (orally), Charles K. Leadbetter, Fernand LaRochelle, Asst. Attys. Gen., Augusta, for plaintiff. Page 991 Lawrence J. Zuckerman, Gray (orally), Donald L. Carter, […]

STATE of Maine v. Alfred J. PINNETE. Supreme Judicial Court of Maine.Submitted on Briefs June 26, 1996. Decided July 16, 1996. Appeal from the Superior Court, Sagadahoc County, Crowley, J. Geoffrey Rushlau, District Attorney, Michael P. Turndorf, Assistant District Attorney, Bath, for State. Richard W. Elliott, II, Elliott Elliott, Boothbay Harbor, for Defendant. Before WATHEN, […]

STATE of Maine v. Charles R. DUROST. Supreme Judicial Court of Maine.Argued June 12, 1985. Decided July 31, 1985. Appeal from the Superior Court of Cumberland County. Paul Aranson, Dist. Atty., Laurence Gardner (orally), Asst. Dist. Atty., Portland, for the State. Hewes, Culley Beals, John F. Lambert, Jr. (orally), Portland, for defendant. Before McKUSICK, C.J., […]

23 A.2d 631 ELLAINE DROUIN PRO AMI vs. ELLIS C. SNODGRASS COMPANY ET AL. Supreme Judicial Court of Maine. Cumberland. Opinion, December 12, 1941. Workmen’s Compensation. When the decision of the Industrial Accident Commission is against the petitioner, the finding of facts are open to review. Under the Workmen’s Compensation Act, if death results from […]

STATE of Maine, et al. v. Roland SIROIS. Supreme Judicial Court of Maine.Argued April 30, 1984. Decided July 17, 1984. Appeal from the Superior Court, Aroostook County. Page 1118 James E. Tierney, Atty. Gen., Gregory W. Sample (orally), Asst. Atty. Gen., Augusta, for plaintiffs. William J. Smith (orally), Van Buren, for defendant. Before McKUSICK, C.J., […]

Mark AMES v. STATE of Maine. Supreme Judicial Court of Maine.Submitted on Briefs November 10, 1987. Decided December 10, 1987. Appeal from the Superior Court, Penobscot County. Page 359 Sandra Hylander Collier, Silsby Silsby, Ellsworth, for plaintiff. James Tierney, Atty. Gen., Wayne S. Moss, Asst. Atty. Gen., Augusta, for defendant. Before McKUSICK, C.J., and NICHOLS, […]

STATE of Maine v. Barry BRANN. STATE of Maine v. Gary STAPLES. Supreme Judicial Court of Maine. June 15, 1972. Appeal from the Superior Court, Franklin County. Page 174 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 175 Jonathan R. Luce, County […]

Carol HOSSLER, Individual and Next Friend of William and Kevin Dows v. John J. BARRY, Administrator of the Estate of Margaret L. Barry. Supreme Judicial Court of Maine. June 26, 1979. Appeal from the Superior Court, York County. Page 763 Preti, Flaherty Beliveau by Thomas A. Cox, Jonathan S. Piper (orally), Portland, for plaintiff. Page […]

Robert DUFORT, et al. v. Norman BANGS. Supreme Judicial Court of Maine.Submitted on Briefs June 8, 1994. Decided June 29, 1994. Appeal from the Superior Court, York County, Saufley, J. Gene Libby, Michael W. MacLeod-Ball, Verrill Dana, Kennebunk, for plaintiff. Norman Bangs, pro se. Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN and LIPEZ, JJ. […]

Robert E. KNOWLES v. Grover SPRAGUE, et al. Supreme Judicial Court of Maine.Argued June 13, 1988. Decided July 21, 1988. Appeal from the Superior Court, Waldo County. Alton C. Stevens (orally), Marden, Dubord, Bernier Stevens, Waterville, for plaintiff. Arlyn H. Weeks (orally), Conley, Haley O’Neil, Bath, for Spragues. Page 315 James W. Gallagher (orally), Gallagher […]

STATE of Maine v. Gary HUNTER[1] . Supreme Judicial Court of Maine.Argued May 6, 1982. Decided July 14, 1982. [1] This case was prosecuted below and also appealed under the caption In re Gary Hunter. We have renamed the case to reflect the fact that this proceeding is conceptually a continuation of the prior criminal […]

Daniel E. COLLINS v. STATE of Maine et al. Supreme Judicial Court of Maine. March 6, 1970. Appeal from the Superior Court, Cumberland County. Walter E. Foss, Portland, for plaintiff. Garth K. Chandler, Asst. Atty. Gen., Augusta, for defendants. Before WILLIAMSON, C.J., and WEBBER, MARDEN, DUFRESNE, WEATHERBEE and POMEROY, JJ. PER CURIAM. On Report. On […]

895 A.2d 972 STATE of Maine v. Walter S. COBB II. Supreme Judicial Court of Maine.Argued: November 14, 2005. Decided: April 28, 2006. Appeal from the Superior Court, Penobscot County, Hjelm, J. Page 973 R. Christopher Almy, District Attorney, C. Daniel Wood, Asst. Dist. Attorney, Bangor, for State. Kirk D. Bloomer, Esq., Bloomer Law Office, […]

Perry A. LAMB v. TOWN OF NEW SHARON and County of Franklin. Supreme Judicial Court of Maine.Argued November 20, 1991. Decided April 7, 1992. Appeal from the Superior Court, Franklin County, Perkins, J. and Mac Innes, A.R.J. Page 1043 Perry A. Lamb (orally), pro se. Mary Devine, Zuckerman, Avaunt, Devine Page, Gray, amicus curiae. William […]

82 A.2d 88 SHERMAN I. GOULD, ADMR. C.T.A. OF THE ESTATE OF WILLIAM E. STEARNS, APPELLANT v. ERNEST H. JOHNSON STATE TAX ASSESSOR Supreme Judicial Court of Maine. Oxford. Opinion, June 18, 1951. Inheritance Tax. Joint Bank Accounts. U.S. Savings Bonds. The order in which names appear on joint bank accounts is not prima facie […]

STATE of Maine v. Maurice P. CHILDS. Supreme Judicial Court of Maine. June 23, 1978. Appeal from the Superior Court, Androscoggin County. Page 77 Thomas E. Delahanty, II (orally), Dist. Atty., Auburn, for plaintiff. Sachs Grasso by Michael J. Levey (orally), Alan L. Sachs, James V. Grasso, Jr., Winthrop, for defendant. Before DUFRESNE, C.J., and […]

7 A.2d 571 CASCO BANK TRUST CO., APPLT. FROM DECREE OF JUDGE OF PROBATE IN RE: DISAPPROVAL AND DISALLOWANCE OF LAST WILL OF CHRISTOS DILIOS BERTHA TOMUSCHAT, APPLT. FROM DECREE OF JUDGE OF PROBATE IN RE: DISAPPROVAL AND DISALLOWANCE OF LAST WILL OF CHRISTOS DILIOS Supreme Judicial Court of Maine. Cumberland. Opinion, November 30, 1960 […]

10 A.3d 728 STATE of Maine v. Ryan D. WITMER. No. Docket: Pen-10-145.Supreme Judicial Court of Maine.Argued: November 10, 2010. Decided: January 6, 2011. Appeal from the Superior Court, Penobscot County, Anderson, J. Page 729 Darrick X. Banda, Esq. (orally), Daniel G. Lilley Law Offices, P.A., Portland, ME, for Ryan D. Witmer. R. Christopher Almy, […]

Clarence CANNING v. STATE of Maine[1] . Supreme Judicial Court of Maine.Argued March 9, 1982. Decided April 26, 1982. [1] Consistently with Hall v. State, Me., 441 A.2d 1019 (1982), we modify the case caption to identify the public employer in a workers’ compensation case as the State of Maine, rather than the particular state […]

Nelson LATREMORE, et al. v. Lewis LATREMORE. Supreme Judicial Court of Maine.Argued November 16, 1990. Decided December 26, 1990. Appeal from the Superior Court, York County, Bradford, J. Page 627 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 628 [EDITORS’ NOTE: THIS […]

Mahlon H. GLIDDEN, et al. v. Stevan BELDEN, et al. Supreme Judicial Court of Maine.Submitted on Briefs March 20, 1996. Decided November 4, 1996. Appeal from the Superior Court, Kennebec County, Pierson, J. Page 1307 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]