Maine Supreme Judicial Court Decisions 2015

Edwards v. Blackman  
Date: December 31, 2015
Citation: 2015 ME 165
Docket Number: 2015 ME 165

Justia Opinion Summary: The Scotts joined owned inland property located in the Town of Owls Head. The Edwardses jointly owned waterfront property near the Scotts’ property. A way extended across the Edwardses’ property, terminating in a cul-de-...

Faith Temple v. Steven DiPietro (Errata)
Date: December 31, 2015
Citation: 2015 ME 166
Faith Temple v. DiPietro  
Date: December 31, 2015
Citation: 2015 ME 166
Docket Number: 2015 ME 166

Justia Opinion Summary: In 2012, Plaintiff, a church located in Portland, filed a complaint seeking a state court judgment based on a bankruptcy court judgment that it obtained in 1985, under a former name, against Defendant. During the pendenc...

State v. Pratt  
Date: December 31, 2015
Citation: 2015 ME 167
Docket Number: 2015 ME 167

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder and sentenced to forty-two years’ imprisonment. The Supreme Judicial Court affirmed, holding (1) the trial court did not err in admitting into evidence an audio recor...

Jed R. Middleton v. State of Maine (Errata)
Date: December 24, 2015
Citation: 2015 ME 164
Middleton v. State  
Date: December 24, 2015
Citation: 2015 ME 164
Docket Number: 2015 ME 164

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of gross sexual assault and fifteen counts of unlawful sexual contact. Defendant later filed a petition for post-conviction review, claiming that trial counsel was...

State v. Atkins  
Date: December 22, 2015
Citation: 2015 ME 162
Docket Number: 2015 ME 162

Justia Opinion Summary: After a nonjury trial, Defendant was convicted of operating under the influence (OUI) enhanced with one prior OUI conviction. Defendant appealed, arguing, among other things, that the trial court erred by allowing the ar...

In re J.V.  
Date: December 22, 2015
Citation: 2015 ME 163
Docket Number: 2015 ME 163

Justia Opinion Summary: After Father threatened his ex-girlfriend with sharpened knives and included his seven-year old child in the assault, the Department of Health and Human Services petitioned the district court for a child protection order...

Cormier v. Genesis Healthcare LLC  
Date: December 15, 2015
Citation: 2015 ME 161
Docket Number: 2015 ME 161

Justia Opinion Summary: After Plaintiff was discharged from her employment at a nursing home owned by Defendant, Plaintiff commenced this action alleging that Defendant violated the Maine Whistleblowers’ Protection Act (WPA) by terminating her...

State v. Fay  
Date: December 5, 2015
Citation: 2015 ME 160
Docket Number: 2015 ME 160

Justia Opinion Summary: After a jury trial, Defendant was convicted of operating under the influence (OUI). The Supreme Judicial Court affirmed, holding (1) the evidence was sufficient to support the jury’s verdict; (2) the trial court did not...

Champlain Wind, LLC v. Bd. of Envtl. Prot.  
Date: December 3, 2015
Citation: 2015 ME 156
Docket Number: 2015 ME 156

Justia Opinion Summary: The Bowers Wind Project proposed to place sixteen wind turbines within the boundary of an expedited permitting area, making them visible from multiple scenic resources of state or national significance. Champlain Wind, L...

Seekings v. Hamm  
Date: December 3, 2015
Citation: 2015 ME 157
Docket Number: 2015 ME 157

Justia Opinion Summary: Mother and Father met in Guatemala, and their child was born there. When the child was approximately fifteen months old, Father filed a complaint in Maine to establish parental rights and responsibilities. Mother was not...

Ayotte v. State  
Date: December 3, 2015
Citation: 2015 ME 158
Docket Number: 2015 ME 158

Justia Opinion Summary: Appellant was indicted in Cumberland County for burglary and theft by unauthorized taking or transfer. Appellant pleaded nolo contendere to Class C theft by unauthorized taking or transfer. Appellant was subsequently ind...

David S. Rearick v. Elena R. Kohout
Date: December 3, 2015
Citation: 2015 ME 159
In re Guardianship of Gionest  
Date: December 1, 2015
Citation: 2015 ME 154
Docket Number: 2015 ME 154

Justia Opinion Summary: Grandmother filed a petition requesting that she be appointed the temporary guardian of Child. The probate court granted a temporary limited guardianship, concluding that Mother was temporarily unfit to parent. Grandmoth...

Metro. Prop. & Cas. Ins. Co. v. Estate of Benson  
Date: December 1, 2015
Citation: 2015 ME 155
Docket Number: 2015 ME 155

Justia Opinion Summary: William Googins committed an intentional assault of Eric Benson, which resulted in Benson’s death. Benson’s estate sued Googins in tort. Googins consented to a judgment in favor of the Estate and assigned to the Estate a...

State v. Belhumeur  
Date: November 24, 2015
Citation: 2015 ME 150
Docket Number: 2015 ME 150

Justia Opinion Summary: After a jury trial, Defendant was convicted of operating under the influence. Defendant was sentenced to four days in jail, an $800 fine, and a ninety-day license suspension. Defendant appealed, arguing that the evidence...

Desfosses v. City of Saco  
Date: November 24, 2015
Citation: 2015 ME 151
Docket Number: 2015 ME 151

Justia Opinion Summary: Plaintiff challenged three City of Saco decisions issued in connection with the construction of a car dealership by WWS Properties, LLC. Specifically at issue were (1) the City Planning Board’s and the Zoning Board of Ap...

French v. Estate of Gutzan  
Date: November 24, 2015
Citation: 2015 ME 152
Docket Number: 2015 ME 152

Justia Opinion Summary: Richard French was the owner of an undeveloped lot with no road access. When the Estate of Martha Gutzan denied French use of an access easement across property owned by the Estate, French brought this action to quiet ti...

State v. Morrison  
Date: November 24, 2015
Citation: 2015 ME 153
Docket Number: 2015 ME 153

Justia Opinion Summary: Defendant entered a conditional plea of nolo contendere to operating under the influence. Defendant appealed, arguing that the suppression court erred in denying his motion to suppress evidence obtained as a result of a...

State v. Flynn  
Date: November 19, 2015
Citation: 2015 ME 149
Docket Number: 2015 ME 149

Justia Opinion Summary: After a jury trial, Defendant was convicted of theft by unauthorized taking or transfer. The Supreme Court affirmed the judgment of conviction, holding (1) the evidence was sufficient to support the theft conviction; (2)...

Aranovitch v. Versel  
Date: November 17, 2015
Citation: 2015 ME 146
Docket Number: 2015 ME 146

Justia Opinion Summary: In 2009, Mother and Father were divorced pursuant to a stipulated judgment that awarded Mother primary residence of the parties’ minor children. Father later moved to modify the divorce judgment, alleging that Mother was...

State v. Ciomei  
Date: November 17, 2015
Citation: 2015 ME 147
Docket Number: 2015 ME 147

Justia Opinion Summary: Defendant was charged with criminal operating under the influence. Defendant moved to suppress the evidence of his roadside interactions with a game warden from the moment the game warden parked his marked patrol vehicle...

State v. Wilson  
Date: November 17, 2015
Citation: 2015 ME 148
Docket Number: 2015 ME 148

Justia Opinion Summary: After a bench trial, Defendant was convicted of crimes stemming from his alleged illegal possession of digital images and videos depicting the sexual assault or exploitation of children. Defendant appealed, arguing that...

State v. Saucier  
Date: November 12, 2015
Citation: 2015 ME 144
Docket Number: 2015 ME 144

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of aggravated assault and domestic violence assault. Defendant appealed, contending that the evidence was insufficient to support his conviction for aggravated assault....

Wells Fargo Bank, N.A. v. White  
Date: November 12, 2015
Citation: 2015 ME 145
Docket Number: 2015 ME 145

Justia Opinion Summary: In 2011, Wells Fargo filed a foreclosure complaint against Jeffrey White. In 2014, based on an agreed-to judgment by the parties, the court entered a final judgment of foreclosure. Thereafter, White moved for relief from...

Estate of Gagnon v. Anthony  
Date: November 10, 2015
Citation: 2015 ME 142
Docket Number: 2015 ME 142

Justia Opinion Summary: Paul Gagnon was helping his neighbor, Keith Anthony, to fell a rotted tree at Anthony’s residence when the tree “exploded,” causing Gagnon to sustain several injuries. Gagnon filed a complaint against Anthony, alleging n...

Gerard Brady v. Cumberland County (Errata)
Date: November 10, 2015
Citation: 2015 ME 143
Brady v. Cumberland County  
Date: November 10, 2015
Citation: 2015 ME 143
Docket Number: 2015 ME 143

Justia Opinion Summary: Gerard Brady brought a claim against Cumberland County for employment retaliation pursuant to the Maine Whistleblowers’ Protection Act (WPA), alleging that disciplinary action taken against him by the County was motivate...

U.S. Bank, N.A. v. Tannenbaum  
Date: November 5, 2015
Citation: 2015 ME 141
Docket Number: 2015 ME 141

Justia Opinion Summary: A Bank filed a residential foreclosure complaint against Appellant, alleging that Appellant executed a promissory note and a mortgage securing the note on certain property and that Appellant defaulted on the note. The Ba...

Wood v. Wood  
Date: November 3, 2015
Citation: 2015 ME 140
Docket Number: 2015 ME 140

Justia Opinion Summary: Wife was a passenger on a motorcycle operated by Husband when she was injured in an accident. At the time, Wife and Husband were named insureds on a motorcycle insurance policy from Insurer. Wife filed a complaint agains...

Theriault v. State  
Date: October 29, 2015
Citation: 2015 ME 137
Docket Number: 2015 ME 137

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of unlawful sexual assault. Defendant later filed a petition for post-conviction review, alleging that his trial counsel failed to provide effective representation...

In re M.P.  
Date: October 29, 2015
Citation: 2015 ME 138
Docket Number: 2015 ME 138

Justia Opinion Summary: Following a hearing on a petition to terminate Mother’s parental rights to her daughter, the district court entered a judgment terminating Mother’s parental rights, finding that Mother was unable to protect the child fro...

In re B.P.  
Date: October 29, 2015
Citation: 2015 ME 139
Docket Number: 2015 ME 139

Justia Opinion Summary: Following a hearing on a petition filed by the Department of Health and Human Services to terminate Mother and Father’s parental rights to their son, the district court found three grounds of unfitness as to Mother, that...

Marshall v. Town of Dexter  
Date: October 22, 2015
Citation: 2015 ME 135
Docket Number: 2015 ME 135

Justia Opinion Summary: Plaintiff purchased a former school property from the Town of Dexter for future redevelopment, and the Town initially supported Plaintiff’s redevelopment efforts. After Plaintiff contested the Town’s tax assessment of th...

Pearson v. Wendell  
Date: October 22, 2015
Citation: 2015 ME 136
Docket Number: 2015 ME 136

Justia Opinion Summary: In 2013, the district granted the parties in this case a divorce. The judgment provided that the parties were to share many parental rights and responsibilities and awarded primary residence of one child to Father and th...

Gomberg v. Gomberg  
Date: October 20, 2015
Citation: 2015 ME 133
Docket Number: 2015 ME 133

Justia Opinion Summary: Husband and Wife were divorced in 2011 by a judgment of the district court that incorporated a settlement agreement. Based on that agreement, Husband was ordered to pay Wife spousal support In 2012, the court approved an...

Daniel G. Lilley Law Office, P.A. v. Flynn  
Date: October 20, 2015
Citation: 2015 ME 134
Docket Number: 2015 ME 134

Justia Opinion Summary: In 2009, John Flynn joined the law firm of Daniel G. Lilley Law Office, P.A. (LLO). In 2011, Flynn left LLO to open his own practice. LLO and Daniel Lilley subsequently filed a complaint against Flynn seeking a judicial...

Flores v. Otis  
Date: October 15, 2015
Citation: 2015 ME 132
Docket Number: 2015 ME 132

Justia Opinion Summary: In 2012, Mother filed a motion to modify a parental rights and responsibilities order requesting recalculation of child support. By agreement, the district court reduced Mother’s child support obligation to $100 per week...

State v. Pelletier  
Date: October 13, 2015
Citation: 2015 ME 129
Docket Number: 2015 ME 129

Justia Opinion Summary: After a nonjury trial, the trial court convicted Defendant of operating while his license was suspended or revoked and sentenced him to thirty days in jail. Defendant appealed, arguing that the trial court did not have j...

In re J.I.  
Date: October 13, 2015
Citation: 2015 ME 130
Docket Number: 2015 ME 130

Justia Opinion Summary: Father appealed the termination of his parental rights to his two children after the district court found, by clear and convincing evidence, all four statutory grounds of parental unfitness and that termination was in th...

C.L. v. L.L.  
Date: October 13, 2015
Citation: 2015 ME 131
Docket Number: 2015 ME 131

Justia Opinion Summary: Child was born to Mother while Mother was married to Father. Father was not Child’s biological father. Mother and Father subsequently divorced. Father later filed a motion for determination of de facto parent status in b...

Bailey v. Dep’t of Marine Res.  
Date: October 6, 2015
Citation: 2015 ME 128
Docket Number: 2015 ME 128

Justia Opinion Summary: Brian Bailey filed a Me. R. Civ. P. 80C appeal from a decision of the Maine Department of Marine Resources (DMR) setting Bailey’s 2014 elver fishing quota at four pounds. The basis for the quota was confirmed on March 31...

In re Estate of MacComb  
Date: September 22, 2015
Citation: 2015 ME 126
Docket Number: 2015 ME 126

Justia Opinion Summary: After almost five years of litigation, the probate court issued its final judgment in the formal testate proceeding concerning the estate of Mildred D. MacComb. James Richman appealed. The Supreme Judicial Court rejected...

Bank of America, N.A. v. Greenleaf  
Date: September 22, 2015
Citation: 2015 ME 127
Docket Number: 2015 ME 127

Justia Opinion Summary: BAC Home Loans Servicing, LP filed a complaint for foreclosure against Scott and Kristina Greenleaf. Bank of America, N.A. (the Bank) was substituted for BAC after the entities merged. After a trial, the court entered a...

Campbell v. City of S. Portland  
Date: September 10, 2015
Citation: 2015 ME 125
Docket Number: 2015 ME 125

Justia Opinion Summary: In 1973, the City of South Portland issued a variance to Kay Loring that brought her parcel of land, which was previously nonconforming, into dimensional conformity. For purposes of land use regulation, Loring’s 4,703 sq...

Sullivan v. Tardiff  
Date: September 3, 2015
Citation: 2015 ME 121
Docket Number: 2015 ME 121

Justia Opinion Summary: Lawrence Tardiff and Katherine Sullivan were divorced pursuant to a divorce judgment after the parties reached a settlement agreement. The judgment provided that the primary residence of the parties’ minor child would be...

Steadman v. Pagels  
Date: September 3, 2015
Citation: 2015 ME 122
Docket Number: 2015 ME 122

Justia Opinion Summary: Melanie Steadman was the biological daughter of Steven Pagels. After Steadman left her family’s home she commenced this action, asserting claims for sexual assault and battery, intentional infliction of emotional distres...

In re L.D.  
Date: September 3, 2015
Citation: 2015 ME 123
Docket Number: 2015 ME 123

Justia Opinion Summary: After a hearing, the district court terminated the parental rights of Father to his minor child. The Supreme Judicial Court (1) affirmed the judgment as to termination of Father’s parental rights, holding that the court...

State v. Lowe  
Date: September 3, 2015
Citation: 2015 ME 124
Docket Number: 2015 ME 124

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of manslaughter and aggravated leaving the scene of a motor vehicle accident. The Supreme Judicial Court affirmed the judgment, holding (1) the trial court did no...

Sullivan v. Rockwood  
Date: September 1, 2015
Citation: 2015 ME 119
Docket Number: 2015 ME 119

Justia Opinion Summary: David Sullivan and Zoe Rockwood were divorced after a contested hearing. Sullivan later filed a motions to modify and enforce the divorce judgment. In his motion to modify, Sullivan argued that his spousal support obliga...

Pew v. Sayler  
Date: September 1, 2015
Citation: 2015 ME 120
Docket Number: 2015 ME 120

Justia Opinion Summary: Plaintiffs owned most of Mouse Island in the Town of Southport in common with Defendants. Plaintiffs filed a complaint for equitable partition. Defendants counterclaimed. The superior court entered summary judgment in fa...

Pearson v. Ellis-Gross  
Date: August 25, 2015
Citation: 2015 ME 118
Docket Number: 2015 ME 118

Justia Opinion Summary: Father and Mother were the parents of a minor child. In 2004, the district court entered a parental rights and responsibilities order granting the parties shared parental rights and responsibilities and shared primary re...

Manley v. State  
Date: August 20, 2015
Citation: 2015 ME 117
Docket Number: 2015 ME 117

Justia Opinion Summary: After a jury trial, Defendant was found guilty of elevated aggravated assault. Defendant was sentenced to twenty-two years in prison for the elevated aggravated assault and a concurrent six months in prison for the viola...

State v. Fletcher  
Date: August 18, 2015
Citation: 2015 ME 114
Docket Number: 2015 ME 114

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of domestic violence assault and assault. The convictions stemmed from an altercation with Defendant’s ex-girfriend and his stepdaughter. Defendant appealed, arguing tha...

Wells Fargo Bank, N.A. v. Girouard  
Date: August 18, 2015
Citation: 2015 ME 116
Docket Number: 2015 ME 116

Justia Opinion Summary: Defendants executed a note and mortgage deed in favor of a third party, and after several transactions, all rights created by the instruments were assigned to Wells Fargo Bank, N.A. Defendants later defaulted, and Wells...

Manley v. State  
Date: August 18, 2015
Citation: 2015 ME 117
Docket Number: 2015 ME 117

Justia Opinion Summary: After a jury trial, Appellant was found guilty of elevated aggravated assault. The trial court sentenced Appellant to serve twenty-two years in prison. The Supreme Judicial Court affirmed the conviction on direct appeal....

State v. Gagnier  
Date: August 18, 2015
Citation: 2015 ME 115
Docket Number: 2015 ME 115

Justia Opinion Summary: After a jury trial, Defendant was convicted of tampering with a victim, aggravated furnishing of scheduled drugs, and endangering the welfare of a child. Defendant appealed, arguing that the trial court erred by denying...

Collins v. Dep’t of Corr.  
Date: August 13, 2015
Citation: 2015 ME 112
Docket Number: 2015 ME 112

Justia Opinion Summary: Kevin Collins, a prison inmate, filed three grievances against the Department of Corrections relating to food services and the prison’s telephone system. The Department denied the grievances. Collins subsequently filed a...

Office of Pub. Advocate v. Pub. Utils. Comm’n  
Date: August 13, 2015
Citation: 2015 ME 113
Docket Number: 2015 ME 113

Justia Opinion Summary: At issue in this case was an order of the Maine Public Utilities Commission approving an alternative rate plan (ARP) for Bangor Gas Company, LLC. The Maine Office of the Public Advocate (OPA) and Bucksport Mill, LLC appe...

Homeward Residential, Inc. v. Gregor  
Date: August 11, 2015
Citation: 2015 ME 108
Docket Number: 2015 ME 108

Justia Opinion Summary: Bank of America brought this foreclosure action against Marianne Gregor. Homeward Residential, Inc. was later substituted as plaintiff. The district court entered judgment for Gregor, determining that Homeward Residentia...

State v. Hoover  
Date: August 11, 2015
Citation: 2015 ME 109
Docket Number: 2015 ME 109

Justia Opinion Summary: Defendant pleaded guilty in federal court to sexual exploitation of a child and possession of child pornography. Before sentencing, a state grand jury indicted Defendant on thirteen counts of gross sexual assault. Defend...

In re Z.S.  
Date: August 11, 2015
Citation: 2015 ME 110
Docket Number: 2015 ME 110

Justia Opinion Summary: The district court concluded that Mother placed her child in circumstances of jeopardy, finding that Mother’s actions caused at least a threat of serious harm to the child and that the child had been deprived of necessar...

James v. State  
Date: August 11, 2015
Citation: 2015 ME 111
Docket Number: 2015 ME 111

Justia Opinion Summary: While he was an inmate, Defendant was charged with ten counts of assaulting an officer. Defendant was found not criminally responsible by reason by mental disease or defect and was ordered committed to the custody of the...

First Tracks Invs., LLC v. Murray, Plumb & Murray  
Date: August 6, 2015
Citation: 2015 ME 104
Docket Number: 2015 ME 104

Justia Opinion Summary: The trial court entered summary judgment in favor of Defendants on Plaintiff’s claims for wrongful use of civil proceedings and abuse of process. Plaintiff appealed, arguing that the trial court erred in concluding that...

Jensen v. Jensen  
Date: August 6, 2015
Citation: 2015 ME 105
Docket Number: 2015 ME 105

Justia Opinion Summary: Pamela Jensen filed for divorce from Larry Jensen after almost thirty-five years of marriage. After attending mediation, the parties entered into a settlement agreement that purported to distribute all of the marital and...

In re P.O.  
Date: August 6, 2015
Citation: 2015 ME 106
Docket Number: 2015 ME 106

Justia Opinion Summary: Three-year-old N.O. handled her parents’ loaded firearm and accidentally shot herself while her older siblings, P.O. and J.O., were present in the home. Mother was at work and Father was doing other things in the home at...

Opinion of the Justices
Date: August 6, 2015
Citation: 2015 ME 107
In re I.S.  
Date: August 4, 2015
Citation: 2015 ME 100
Docket Number: 2015 ME 100

Justia Opinion Summary: After a hearing, the district court terminated Father’s parental rights pursuant to Me. Rev. Stat. 22, 4055. The Supreme Judicial Court affirmed, holding (1) the district court did not improperly terminate Father’s paren...

Kingsley v. Blanchard  
Date: August 4, 2015
Citation: 2015 ME 101
Docket Number: 2015 ME 101

Justia Opinion Summary: Libby O’Brien Kingsley & Champion, LLC (LOKC) filed a complaint for breach of contract against Sharon Blanchard and simultaneously filed a motion for approval of attachment and trustee process against Blanchard’s propert...

Willey v. Willey  
Date: August 4, 2015
Citation: 2015 ME 102
Docket Number: 2015 ME 102

Justia Opinion Summary: Husband filed a divorce action in Maine. At the time, there was an action for child custody and child and spousal support pending in the Virginia courts that was filed by Wife. Wife moved to dismiss Husband’s action. The...

Nat’l Org. for Marriage v. Comm’n of Governmental Ethics & Elections Practices  
Date: August 4, 2015
Citation: 2015 ME 103
Docket Number: 2015 ME 103

Justia Opinion Summary: After a formal investigation, the Commission on Governmental Ethics and Election Practices determined that the National Organization for Marriage (NOM) - a national nonprofit advocacy corporation “dedicated to preserving...

Workers Comp. Bd. Abuse Investigation Unit v. Nate Holyoke Builders, Inc.  
Date: August 4, 2015
Citation: 2015 ME 99
Docket Number: 2015 ME 99

Justia Opinion Summary: The Workers’ Compensation Board imposed a $30,000 penalty on Nale Holyoke and his construction company (collectively, Holyoke) for violating the insurance coverage requirements of the Workers’ Compensation Act (WCA). The...

Violette v. Violette  
Date: July 30, 2015
Citation: 2015 ME 97
Docket Number: 2015 ME 97

Justia Opinion Summary: Christine Violette filed a complaint for divorce from Randy Violette. The district court entered a divorce judgment granting the parties a divorce on the grounds of irreconcilable marital differences. The Supreme Judicia...

Reg’l Sch. Unit No. 5 v. Coastal Educ. Ass’n  
Date: July 30, 2015
Citation: 2015 ME 98
Docket Number: 2015 ME 98

Justia Opinion Summary: A district elementary school principal interpreted an educational policy to mean that elementary school teachers were expected to be present in their classrooms ten minutes before the start of the instructional day. The...

In re I.R.  
Date: July 28, 2015
Citation: 2015 ME 93
Docket Number: 2015 ME 93

Justia Opinion Summary: The Department of Health and Human Services filed a petition to terminate the parental rights of Mother to her child, I.R. After a hearing, the district court terminated Mother’s parental rights to I.R., finding that Mot...

In re L.T.  
Date: July 28, 2015
Citation: 2015 ME 94
Docket Number: 2015 ME 94

Justia Opinion Summary: The Department of Health and Human Services filed a petition for child protection regarding L.T. alleging that Father created jeopardy through neglect, emotional abuse, and physical abuse. The Father and the Department a...

In re Guardianship of McIntosh  
Date: July 28, 2015
Citation: 2015 ME 95
Docket Number: 2015 ME 95

Justia Opinion Summary: The Department of Health and Human Services filed a petition seeking a general public guardianship over Colleen McIntosh, alleging that McIntosh’s diagnosis of chronic paranoid schizophrenia rendered her incapacitated. A...

State v. Solomon  
Date: July 28, 2015
Citation: 2015 ME 96
Docket Number: 2015 ME 96

Justia Opinion Summary: After a jury trial, Defendant was convicted of tampering with a juror and violating a condition of release. The trial court imposed a sentence of two years in prison. The Supreme Judicial Court affirmed, holding that the...

State v. G.F.  
Date: July 23, 2015
Citation: 2015 ME 90
Docket Number: 2015 ME 90

Justia Opinion Summary: G.F., a juvenile, was adjudicated to have committed an assault. The district court committed G.F., who was thirteen years old at the time, to the Department of Corrections Mountain View Youth Development Center for an in...

State v. Martin  
Date: July 23, 2015
Citation: 2015 ME 91
Docket Number: 2015 ME 91

Justia Opinion Summary: Defendant was indicted on one count of unlawfully trafficking in scheduled drugs and one count of illegal importation of scheduled drugs. Defendant filed a motion to suppress as evidence illegal drugs seized from him by...

State v. Dechaine  
Date: July 21, 2015
Citation: 2015 ME 88
Docket Number: 2015 ME 88

Justia Opinion Summary: In 1989, Appellant was convicted of kidnapping, sexual assault, and murder. In 2008, Appellant filed a motion for a new trial pursuant to Maine’s amended DNA analysis statute. After a hearing, the superior court denied A...

Young v. Young  
Date: July 21, 2015
Citation: 2015 ME 89
Docket Number: 2015 ME 89

Justia Opinion Summary: In 2012, Jennifer Young filed a complaint for divorce from Michael Young. After a hearing, the district court entered a divorce judgment that granted Jennifer sole parental rights and responsibilities for the children, a...

State v. Begin  
Date: July 16, 2015
Citation: 2015 ME 86
Docket Number: 2015 ME 86

Justia Opinion Summary: After a jury trial, Defendant was convicted of assault on an officer, violation of a protective order, and refusing to submit to arrest. The Supreme Judicial Court affirmed the judgment of conviction, holding that the su...

State v. Bragdon  
Date: July 16, 2015
Citation: 2015 ME 87
Docket Number: 2015 ME 87

Justia Opinion Summary: After the trial court denied Defendant’s motion to suppress evidence derived from internet service provider (ISP) records that the State obtained with a grand jury subpoena, Defendant entered a conditional guilty plea to...

Allen v. McCann  
Date: July 14, 2015
Citation: 2015 ME 84
Docket Number: 2015 ME 84

Justia Opinion Summary: Plaintiff was injured while working at a paper mill. Plaintiff hired Defendant, an attorney, to represent her in her workers’ compensation claim. The Workers’ Compensation Board awarded Plaintiff, still represented by De...

State v. Vultee  
Date: July 14, 2015
Citation: 2015 ME 85
Docket Number: 2015 ME 85

Justia Opinion Summary: After a jury trial, Defendant was convicted of several counts of unlawful sexual contact, criminal attempt, visual sexual aggression against a child, sexual misconduct with a child under twelve, and unlawful sexual touch...

Robertson v. Gerakaris  
Date: July 9, 2015
Citation: 2015 ME 83
Docket Number: 2015 ME 83

Justia Opinion Summary: Father and Mother were divorced by a judgment entered in 2006. Mother was awarded sole parental rights and responsibilities and primary residence of the parties' three children. Father subsequently filed several motions...

Dickens v. Boddy  
Date: July 7, 2015
Citation: 2015 ME 81
Docket Number: 2015 ME 81

Justia Opinion Summary: John Boddy and Amy Dickens were divorced by a judgment that awarded Dickens primary residence of the parties’ child and required Boddy to pay weekly child support. Boddy later filed a second motion to modify requesting t...

State v. Fahnley  
Date: July 7, 2015
Citation: 2015 ME 82
Docket Number: 2015 ME 82

Justia Opinion Summary: After a jury trial, Defendant was convicted of the Class C charge of sexual abuse of a minor. On appeal, Defendant challenged the admission of testimony of the victim’s mother indicating when the victim told her what had...

Beckerman v. Pooler  
Date: July 2, 2015
Citation: 2015 ME 80
Docket Number: 2015 ME 80

Justia Opinion Summary: Plaintiff filed a complaint against Bruce, Cynthia, and Rodney Pooler seeing to establish the locations of common boundaries among three properties. The parties settled their claims, and the superior court entered a cons...

In re K.M.  
Date: June 30, 2015
Citation: 2015 ME 79
Docket Number: 2015 ME 79

Justia Opinion Summary: After a contested hearing, the district court entered a jeopardy order finding that Father had exposed K.M., his child, to verbally violent confrontations and that Father’s unstable mental health placed K.M. at risk of h...

State v. Cote  
Date: June 23, 2015
Citation: 2015 ME 78
Docket Number: 2015 ME 78

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of gross sexual assault. Defendant appealed, arguing that his due process rights were violated by the State’s failure to preserve a recording of a police inter...

Brown v. Delta Tau Delta  
Date: June 18, 2015
Citation: 2015 ME 75
Docket Number: 2015 ME 75

Justia Opinion Summary: During a party hosted by Delta Tau Delta’s (DTD) Gamma Nu chapter at its DTD fraternity house located on the University of Maine’s Orono campus, Plaintiff was sexually assaulted by Joshua Clukey and prevented from leavin...

In re Guardianship of Chamberlain  
Date: June 18, 2015
Citation: 2015 ME 76
Docket Number: 2015 ME 76

Justia Opinion Summary: Marc Chamberlain was the father of two children who had been the care of their maternal grandmother for several years before and following the death of their mother. The children’s maternal grandmother and their maternal...

State v. Robinson  
Date: June 18, 2015
Citation: 2015 ME 77
Docket Number: 2015 ME 77

Justia Opinion Summary: After a jury trial, Defendant was convicted of burglary and theft by unauthorized taking or transfer. Defendant was sentenced to two years and six months’ confinement on the burglary charge and a concurrent six-month sen...

State v. Cote  
Date: June 18, 2015
Citation: 2015 ME 78
Docket Number: 2015 ME 78

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of gross sexual assault. Defendant appealed, arguing that his due process rights were violated by the State’s failure to preserve a recording of a police inter...

Rose v. Parsons  
Date: June 16, 2015
Citation: 2015 ME 73
Docket Number: 2015 ME 73

Justia Opinion Summary: The dispute in this case involved the continuing existence, scope, and extent of easements over two roads leading to the beach or ocean in Kennebunk. In the Supreme Court’s opinion issued on the first appeal, the trial c...

State v. Butsitsi  
Date: June 16, 2015
Citation: 2015 ME 74
Docket Number: 2015 ME 74

Justia Opinion Summary: After a jury trial, Defendant was found guilty of murder. After a sentencing hearing, Defendant was sentenced to thirty-eight years’ incarceration and ordered to pay restitution in the amount of $2,261. Defendant appeale...

State v. Clarke  
Date: June 9, 2015
Citation: 2015 ME 70
Docket Number: 2015 ME 70

Justia Opinion Summary: After a jury trial, Defendant was found guilty of tampering with a witness, and on that basis, of violating a condition of release. Defendant appealed, arguing that the indictment was insufficient to inform him of the ta...

Yarcheski v. P&K Sand and Gravel, Inc.  
Date: June 9, 2015
Citation: 2015 ME 71
Docket Number: 2015 ME 71

Justia Opinion Summary: After hearing what he described as a diesel-powered dump truck pass by his home one snowy morning in November, Plaintiff discovered that his mailbox had been damaged. Plaintiff filed a small-claims action against P&K San...

State v. Beckwith  
Date: June 9, 2015
Citation: 2015 ME 72
Docket Number: 2015 ME 72

Justia Opinion Summary: After a bench trial, Defendant was found guilty of attempted theft by deception and two counts of tampering with public records or information. Defendant appealed, arguing that her conduct did not constitute a violation...

Stanley v. Town of Greene  
Date: May 21, 2015
Citation: 2015 ME 69
Docket Number: 2015 ME 69

Justia Opinion Summary: George Stanley filed a complaint against the Town of Greene alleging that the Town was interfering with his flea market business on his property by denying him a license. The Town counterclaimed against Stanley, seeking...

State v. Kimball  
Date: May 19, 2015
Citation: 2015 ME 67
Docket Number: 2015 ME 67

Justia Opinion Summary: After a jury trial, Defendant was convicted of domestic violence assault. Defendant appealed, arguing that his right to confront witnesses against him under the Confrontation Clauses of the United States and Maine Consti...

State v. Tucker  
Date: May 19, 2015
Citation: 2015 ME 68
Docket Number: 2015 ME 68

Justia Opinion Summary: In 2006, Appellant injured his left hand while working as a mechanic. Thereafter, the Maine Employers Mutual Insurance Company (MEMIC) began paying Appellant weekly workers’ compensation benefits. Appellant received chec...

Monahan v. Monahan  
Date: May 14, 2015
Citation: 2015 ME 65
Docket Number: 2015 ME 65

Justia Opinion Summary: John and Judith Monahan were married in 1976. In 2011, John filed a complaint for divorce. After a final divorce hearing held in 2014, the district court made several factual findings. The court then entered an initial d...

Jandreau v. LaChance  
Date: May 14, 2015
Citation: 2015 ME 66
Docket Number: 2015 ME 66

Justia Opinion Summary: In 2013, Molly Jandreau filed a complaint for divorce from Daniel LaChance. The district court ordered LaChance to pay Jandreau $230 weekly in child support and divided the marital assets and liabilities. Jandreau appeal...

Town of Wiscasset v. Mason Station, LLC  
Date: May 12, 2015
Citation: 2015 ME 59
Docket Number: 2015 ME 59

Justia Opinion Summary: When Mason Station, LLC failed to pay assessed property taxes on multiple properties in the Town of Wiscasset, the Town filed a complaint against Mason Station for taxes owed on those properties and on certain personal p...

Gauthier v. Gerrish  
Date: May 12, 2015
Citation: 2015 ME 60
Docket Number: 2015 ME 60

Justia Opinion Summary: Roland Gerrish created a trust consisting of certain property. The trust instrument provided that Julie and Shirley Gauthier would be the remainder beneficiaries upon Roland’s death. When Roland died, Shirley and Roland’...

Halliday v. Henry  
Date: May 12, 2015
Citation: 2015 ME 61
Docket Number: 2015 ME 61

Justia Opinion Summary: In 2013, Plaintiffs filed a complaint for statutory nuisance against Defendants, their neighbors, alleging that Defendants’ 2004 construction of a new home and garage resulted in damage to Plaintiffs’ home. Defendants mo...

State v. Murphy  
Date: May 12, 2015
Citation: 2015 ME 62
Docket Number: 2015 ME 62

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of elevated aggravated assault, 17-A Me. Rev. Stat. 208-B(1)(A); elevated aggravated assault, 17-A, Me. Rev. Stat. 208-B(1)(B); and aggravated assault, Me. Rev. Stat. 17...

Remmes v. Mark Travel Corp.  
Date: May 12, 2015
Citation: 2015 ME 63
Docket Number: 2015 ME 63

Justia Opinion Summary: After credit card fraud was discovered on vacations that Beth Rogers, a travel agent, had booked, Plaintiffs, two families, each filed a complaint against Mark Travel Corporation alleging breach of contract, economic dur...

Safety Ins. Group v. Dawson  
Date: May 12, 2015
Citation: 2015 ME 64
Docket Number: 2015 ME 64

Justia Opinion Summary: A New Jersey court entered a default judgment against Gawayne Dawson and for Safety Insurance Group. Safety Insurance subsequently sought enforcement of the judgment in Maine. The district court entered the New Jersey ju...

State v. Collins  
Date: May 7, 2015
Citation: 2015 ME 52
Docket Number: 2015 ME 52

Justia Opinion Summary: Defendant pleaded guilty to two counts of misdemeanor assault and was sentenced to one year in jail and one year of probation for each of the assault counts, to be served consecutively. As a condition of probation, Defen...

Fox Islands Wind Neighbors v. Dep’t of Envtl. Protection  
Date: May 7, 2015
Citation: 2015 ME 53
Docket Number: 2015 ME 53

Justia Opinion Summary: The Department of Environmental Protection (DEP) approved Fox Islands Wind’s (Fox Island) application for certification to build and operate a small-scale wind energy development project and issued a certification with a...

Paradis v. Town of Peru  
Date: May 7, 2015
Citation: 2015 ME 54
Docket Number: 2015 ME 54

Justia Opinion Summary: Donald Paradis applied for and obtained a building permit to construct a two-car garage on property in the Town of Peru. After Paradis constructed the garage, the Town sent Paradis a notice of violation, stating that the...

State v. Reynolds  
Date: May 7, 2015
Citation: 2015 ME 55
Docket Number: 2015 ME 55

Justia Opinion Summary: After a jury trial, Defendant was found guilty of his second offense of failing to comply with the Sex Offender Registration and Notification Act. Defendant appealed, arguing that the superior court erred in excluding re...

State v. Stanley  
Date: May 7, 2015
Citation: 2015 ME 56
Docket Number: 2015 ME 56

Justia Opinion Summary: After a bench trial, Defendant was convicted of violating Me. Rev. Stat. 12, 6575-G, which makes it a Class D crime to fish for or take elvers within 150 feet of a dam with a fishway or within 150 feet of a fishway. Defe...

State v. Tozier  
Date: May 7, 2015
Citation: 2015 ME 57
Docket Number: 2015 ME 57

Justia Opinion Summary: A police officer certified to operate the Intoxilyzer, a self-contained breath-alcohol testing apparatus, used the device to test Defendant’s breath-alcohol content. Defendant was subsequently charged with criminal opera...

Gehrke v. Gehrke  
Date: May 7, 2015
Citation: 2015 ME 58
Docket Number: 2015 ME 58

Justia Opinion Summary: In 2012, the district court entered an order protecting Jana Gehrke, Chad Gehrke’s ex-wife, and the parties’ sons. Thereafter, the order was twice modified, further constraining Chad’s contact with the children. In 2013,...

State v. Bennett  
Date: May 5, 2015
Citation: 2015 ME 46
Docket Number: 2015 ME 46

Justia Opinion Summary: After a jury trial, Defendant was found guilty of theft by receiving stolen property. The superior court sentenced Defendant to fourteen days in fail and a $500 fine. Defendant appealed, arguing that his sentence was dis...

Brown v. Town of Starks  
Date: May 5, 2015
Citation: 2015 ME 47
Docket Number: 2015 ME 47

Justia Opinion Summary: The Town of Starks Planning Board approved an application for site plan approval to build and operate a cellular telephone tower in Starks. Harry and Cindy Brown appealed the decision. The Town of Starks Board of Appeals...

Daud v. Abdullahi  
Date: May 5, 2015
Citation: 2015 ME 48
Docket Number: 2015 ME 48

Justia Opinion Summary: In 2014, Mother filed a complaint seeking a protection order against Father for herself and their two children. After a hearing, the district court found that Father had abused Mother and issued a protection order for th...

Rice v. Cook  
Date: May 5, 2015
Citation: 2015 ME 49
Docket Number: 2015 ME 49

Justia Opinion Summary: Robert and Carol Rice filed a complaint against their neighbors, James and Carol Cook, alleging, inter alia, breach of contract regarding the parties’ shared boundary line and seeking a declaratory judgment and injunctiv...

Bouchard v. Dep’t of Pub. Safety  
Date: May 5, 2015
Citation: 2015 ME 50
Docket Number: 2015 ME 50

Justia Opinion Summary: Appellant, a convicted felon, completed serving his sentences with a termination of his probation in 2007. In 2013, Appellant submitted an application to the Department of Public Safety for a black powder permit. The Dep...

Hartwell v. Town of Ogunquit  
Date: May 5, 2015
Citation: 2015 ME 51
Docket Number: 2015 ME 51

Justia Opinion Summary: Wayne Perkins applied to the Ogunquit Planning Board seeking site plan review and design review approval to convert his garage into a lobster pound. The Board approved Perkins’s application without requiring Perkins to c...

Galouch v. Dep’t of Prof’l and Fin. Regulation  
Date: April 30, 2015
Citation: 2015 ME 44
Docket Number: 2015 ME 44

Justia Opinion Summary: Plaintiff, a former employee at the Maine Bureau of Insurance, an agency within the Department of Professional and Financial Regulation (Department), sued the Department, alleging that she was fired in violation of the M...

State v. Kierstead  
Date: April 30, 2015
Citation: 2015 ME 45
Docket Number: 2015 ME 45

Justia Opinion Summary: After a jury trial, Defendant was found guilty of murder and sentenced to forty-five years in prison. Defendant appealed, arguing that the trial court erred in denying his motion to suppress statements he made to law enf...

Roussel v. Ashby  
Date: April 28, 2015
Citation: 2015 ME 43
Docket Number: 2015 ME 43

Justia Opinion Summary: In anticipation of renting an apartment from Sheldon Ashby, Jennifer Roussel gave Ashby a security deposit. Roussel never moved into the apartment and sought the return of her security deposit. When Ashby did not respond...

Jennings v. MacLean  
Date: April 23, 2015
Citation: 2015 ME 42
Docket Number: 2015 ME 42

Justia Opinion Summary: Defendant, an attorney practicing in Maine, was counsel to Plaintiff, and then to his estate, in a suit against Plaintiff’s conservator and Plaintiff’s brother. The suit resulted in a judgment against Plaintiff. Defendan...

State v. Power  
Date: April 21, 2015
Citation: 2015 ME 40
Docket Number: 2015 ME 40

Justia Opinion Summary: In 2009, Defendant pleaded guilty to unlawful trafficking in scheduled drugs. In 2012, Defendant pleaded guilty to two counts of unlawful possession of scheduled drugs and admitted to a probation violation. Defendant was...

State v. King  
Date: April 21, 2015
Citation: 2015 ME 41
Docket Number: 2015 ME 41

Justia Opinion Summary: After a bench trial, the trial court convicted Defendant of unlawful possession of scheduled drugs and ordered Defendant to forfeit his firearm to the State. Defendant filed a notice of appeal but did not request product...

State v. Baker  
Date: April 9, 2015
Citation: 2015 ME 39
Docket Number: 2015 ME 39

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated assault and domestic violence terrorizing. Defendant appealed, arguing, among other things, that the trial court erred by failing to instruct the jury that it was...

In re R.M.  
Date: March 26, 2015
Citation: 2015 ME 38
Docket Number: 2015 ME 38

Justia Opinion Summary: Mother’s first two children were removed from her care due to neglect. Mother’s third child lived with his paternal grandmother. Mother’s parental rights to her fourth child were terminated when the child was twelve mont...

Tucker v. Lilley  
Date: March 24, 2015
Citation: 2015 ME 36
Docket Number: 2015 ME 36

Justia Opinion Summary: All parties in this case were practicing Maine attorneys or law firms that asserted various theories of entitlement to all or part of a $1.24 million attorney fee generated in a civil judgment in another matter. In both...

In re E.A.  
Date: March 24, 2015
Citation: 2015 ME 37
Docket Number: 2015 ME 37

Justia Opinion Summary: Six days after premature twins were born, the Department of Health and Human Services petitioned for a child protection order, alleging that the twins were in circumstances of immediate risk of serious harm based on Moth...

In re C.A.  
Date: March 19, 2015
Citation: 2015 ME 34
Docket Number: 2015 ME 34

Justia Opinion Summary: After a hearing, the district court terminated Mother’s parental rights to her minor child, finding, by clear and convincing evidence, that Mother was unwilling or unable to protect the child from jeopardy and that these...

State v. Graham  
Date: March 19, 2015
Citation: 2015 ME 35
Docket Number: 2015 ME 35

Justia Opinion Summary: After a bench trial, Defendant was convicted of attempted kidnapping and assault. Defendant appealed, arguing, among other things, that the trial court erred in analyzing the defense of mental abnormality. The Supreme Co...

State v. Giroux  
Date: March 17, 2015
Citation: 2015 ME 28
Docket Number: 2015 ME 28

Justia Opinion Summary: Defendant pleaded guilty to burglary and other crimes. Prior to sentencing, Defendant filed a motion to withdraw his pleas and his admission, alleging that his diagnosis of kleptomania in a presentence mental evaluation...

Chartier v. Farm Family Life Ins. Co.  
Date: March 17, 2015
Citation: 2015 ME 29
Docket Number: 2015 ME 29

Justia Opinion Summary: When Mark Chartier and Lisa Heward were married, Chartier purchased an annuity policy from Farm Family Life Insurance Co. for which he named Heward as primary beneficiary. Heward later requested the cash value of the ann...

State v. Adams  
Date: March 17, 2015
Citation: 2015 ME 30
Docket Number: 2015 ME 30

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated trafficking of scheduled drugs and refusal to submit to arrest or detention. The Supreme Judicial Court affirmed the judgment, holding (1) the trial court did not...

State v. Reckards  
Date: March 17, 2015
Citation: 2015 ME 31
Docket Number: 2015 ME 31

Justia Opinion Summary: In two criminal cases, Defendant was indicted on several charges, including unlawful trafficking in synthetic hallucinogenic drugs and conspiracy to commit unlawful trafficking in synthetic hallucinogenic drugs. Defendan...

Fitanides v. City of Saco  
Date: March 17, 2015
Citation: 2015 ME 32
Docket Number: 2015 ME 32

Justia Opinion Summary: Wayne and Michelle McClellan applied for a conditional use permit to build a disc-golf course in the City of Saco on property abutting a campground owned by Fred Fitanides. The Saco Planning Board voted to grant conditio...

Buck v. Buck  
Date: March 17, 2015
Citation: 2015 ME 33
Docket Number: 2015 ME 33

Justia Opinion Summary: The district court entered a divorce judgment awarding Wife spousal support and child support and declined to award her retroactive child support or attorney fees. Wife appealed, raising several allegations of error. Aft...

State v. Jamie  
Date: March 10, 2015
Citation: 2015 ME 22
Docket Number: 2015 ME 22

Justia Opinion Summary: In this “cold case,” Defendant was charged with a murder committed fifteen years before the trial. After a jury trial, Defendant was found guilty of intentional or knowing murder. The Supreme Court affirmed, holding (1)...

State v. Abdi  
Date: March 10, 2015
Citation: 2015 ME 23
Docket Number: 2015 ME 23

Justia Opinion Summary: Between 2002 and 2008, Defendants applied for, were found qualified for, and lived in Section 8 housing, for which the local housing authority paid a substantial rent subsidy to the landlord. Throughout this time, Defend...

In re D.C.  
Date: March 10, 2015
Citation: 2015 ME 24
Docket Number: 2015 ME 24

Justia Opinion Summary: After a termination hearing, the district court terminated Father’s parental rights to his three children after finding, by clear and convincing evidence, that Father was unfit and that termination was in the children’s...

In re J.B.  
Date: March 10, 2015
Citation: 2015 ME 25
Docket Number: 2015 ME 25

Justia Opinion Summary: After a termination hearing, the district court terminated Father’s parental rights to his two children. Father appealed, arguing that the court’s denial of his motion to continue improperly deprived him of his right to...

Major v. Chiang  
Date: March 10, 2015
Citation: 2015 ME 26
Docket Number: 2015 ME 26

Justia Opinion Summary: The superior court entered a judgment of foreclosure in favor of Plaintiff. Defendant appealed, arguing that the court abused its discretion or committed legal or factual error in several respects. The Supreme Court dism...

Opinion of the Justices
Date: March 10, 2015
Citation: 2015 ME 27
In re T.C.  
Date: March 5, 2015
Citation: 2015 ME 20
Docket Number: 2015 ME 20

Justia Opinion Summary: After a termination hearing at which Father failed to appear, the district court terminated Father’s parental rights to his child. Father appealed the termination order. The Supreme Court affirmed, holding (1) the court...

Stanley v. Liberty  
Date: March 5, 2015
Citation: 2015 ME 21
Docket Number: 2015 ME 21

Justia Opinion Summary: James Stanley, Barbara Stanley and Northeast Marine Services, Inc. (collectively, “Stanley”) were parties to a binding arbitration with Michael Liberty and five corporations under his control (“the Liberty corporate enti...

State v. Delano  
Date: March 3, 2015
Citation: 2015 ME 18
Docket Number: 2015 ME 18

Justia Opinion Summary: After a jury trial, Defendant was found guilty of aggravated assault. The Supreme Court affirmed the judgment, holding (1) although the jury should have received complete instructions before beginning deliberations, Defe...

Bankruptcy Estate of Everest v. Bank of Am., N.A.  
Date: March 3, 2015
Citation: 2015 ME 19
Docket Number: 2015 ME 19

Justia Opinion Summary: In this bankruptcy case, Bank of America obtained a junior foreclosure judgment and received the Debtor’s equity of redemption for a senior mortgage. Bank of America did not sell this interest within the specified time p...

CitiMortgage, Inc. v. Chartier  
Date: February 17, 2015
Citation: 2015 ME 17
Docket Number: 2015 ME 17

Justia Opinion Summary: In 2007, Amy Chartier executed a promissory note, and as security, Amy and her husband, Ronald, executed a mortgage encumbering their residential property. The note and mortgage were eventually assigned to CitiMortgage,...

State v. Thornton  
Date: February 12, 2015
Citation: 2015 ME 15
Docket Number: 2015 ME 15

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of unlawful contact as a Class B offense and five counts of unlawful sexual contact as a Class C offense. During the trial, the prosecutor noticed that although Co...

Hutchinson v. Bruyere  
Date: February 12, 2015
Citation: 2015 ME 16
Docket Number: 2015 ME 16

Justia Opinion Summary: In 2012, the district court issued a judgment establishing shared parental rights and responsibilities and shared primary physical residence of the child of Flint Hutchinson and Christina Bruyere. One year later, Hutchin...

Day v. Town of Phippsburg  
Date: February 10, 2015
Citation: 2015 ME 13
Docket Number: 2015 ME 13

Justia Opinion Summary: At issue in this case was two adjacent beachfront lots - lot 113 and lot 114. In 1989, as a result of a merger clause in a zoning ordnance, the lots were merged into a single, nonconforming, grandfathered lot. Despite th...

True v. Harmon  
Date: February 10, 2015
Citation: 2015 ME 14
Docket Number: 2015 ME 14

Justia Opinion Summary: In 2011, Grandparents filed a petition to establish visitation rights with their grandson. The district court entered an order setting out a visitation schedule. In 2014, Grandparents filed a motion to modify the grandpa...

Witham Family Ltd. P’ship v. Town of Bar Harbor  
Date: February 5, 2015
Citation: 2015 ME 1
Docket Number: 2015 ME 12

Justia Opinion Summary: In May 2010, the Bar Harbor Appeals Board issued two decisions requiring the Bar Harbor Planning Board to approve a site plan for construction of a hotel on land abutting land owned by the Witham Family Limited Partnersh...

The Witham Family Limited Partnership v. Town of Bar Harbor et al.
Date: February 5, 2015
Citation: 2015 ME 12
In re J.H.  
Date: January 29, 2015
Citation: 2015 ME 10
Docket Number: 2015 ME 10

Justia Opinion Summary: Father killed Mother in their oldest son’s immediate presence. The probate court terminated Father’s parental rights pursuant to 22 Me. Rev. Stat. 4055(1)(B)(2)(a). The court presumed jeopardy against Father with respect...

Voter v. Voter  
Date: January 29, 2015
Citation: 2015 ME 11
Docket Number: 2015 ME 11

Justia Opinion Summary: In 2006, Patricia Voter and Dexter Voter divorced. The divorce judgment required Dexter to pay Patricia general spousal support in a certain amount per month until he retired, when the amount of his spousal support oblig...

Viola v. Viola  
Date: January 29, 2015
Citation: 2015 ME 6
Docket Number: 2015 ME 6

Justia Opinion Summary: In 2012, Maria Viola filed for divorce from Gordon Viola. The district court entered a divorce judgment ordering Gordon to pay spousal support and attorney fees to Maria. The court also divided the marital assets and deb...

State v. Lovett  
Date: January 29, 2015
Citation: 2015 ME 7
Docket Number: 2015 ME 7

Justia Opinion Summary: Defendant was charged with unlawful trafficking of scheduled drugs and seeking criminal forfeiture of cash discovered during the search of his vehicle by Maine Drug Enforcement Agency (MDEA) agents. Defendant filed a mot...

Daggett v. Sternick  
Date: January 29, 2015
Citation: 2015 ME 8
Docket Number: 2015 ME 8

Justia Opinion Summary: Mother and Father were the biological parents of a daughter born in 2010. The district court awarded primary residence of the child to Mother, who intended to move to Florida with the child. Father appealed, contending,...

MacMahon v. Tinkham  
Date: January 29, 2015
Citation: 2015 ME 9
Docket Number: 2015 ME 9

Justia Opinion Summary: Christopher MacMahon and Elizabeth Tinkham, who had two daughters together, divorced in 2009. McMahon was granted primary physical residence of the girls, but no child support was awarded to either party. In 2012, the di...

Sullwold v. Salvation Army  
Date: January 22, 2015
Citation: 2015 ME 4
Docket Number: 2015 ME 4

Justia Opinion Summary: In 2010, Gregory Sullwold died of a heart attack while exercising on a treadmill in his home. Sullwood was employed by the Salvation Army at the time of his death, and the Salvation Army permitted Sullwold to work remote...

Albert v. Albert  
Date: January 22, 2015
Citation: 2015 ME 5
Docket Number: 2015 ME 5

Justia Opinion Summary: When the father of Daniel Albert and Carlton Albert died, the father’s company was left in trust for the benefit of Daniel and Carlton. In 1984, Daniel bought the land from company and later conveyed it to Carlton in exc...

John Doe XLVI v. Anderson  
Date: January 13, 2015
Citation: 2015 ME 3
Docket Number: 2015 ME 3

Justia Opinion Summary: In 2003, John Doe XLVI pleaded guilty to and was convicted of possession of sexually explicit material. When Doe was sentenced, possession of sexually explicit material was not a sex offense requiring registration under...

State of Maine v. Jeffrey P. Wyman
Date: January 6, 2015
Citation: 2015 ME 1
State v. Wyman  
Date: January 6, 2015
Citation: 2015 ME 1
Docket Number: 2015 ME 1

Justia Opinion Summary: After a jury trial, Defendant was convicted of perjury. The Supreme Court affirmed, holding (1) the trial court did not abuse its discretion by allowing the State to introduce testimony regarding Defendant’s silence foll...

State of Maine v. David M. Wyman
Date: January 6, 2015
Citation: 2015 ME 2
State v. Wyman  
Date: January 6, 2015
Citation: 2015 ME 2
Docket Number: 2015 ME 2

Justia Opinion Summary: Jeffrey Wyman was charged with operating under the influence (OUI) and, after a jury trial, found not guilty. Jeffrey and his son, David Wyman (Defendant), both testified during the OUI trial. The instant perjury case st...

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