Maine Supreme Judicial Court Decisions 2016

Jamie Wilson v. William Condon (Errata)
Date: December 29, 2016
Citation: 2016 ME 187
Wilson v. Condon  
Date: December 29, 2016
Citation: 2016 ME 187
Docket Number: 2016 ME 187

Justia Opinion Summary: Philip Barnard was significantly injured when a deck attached to an apartment owed by William Condon collapsed while Barnard was standing on it. Barnard and his wife, Jaime Wilson, filed a complaint against Condon, alleg...

In re Alexandria C.  
Date: December 22, 2016
Citation: 2016 ME 182
Docket Number: 2016 ME 182

Justia Opinion Summary: The district court terminated Mother’s rights to her daughter after police discovered that Mother had taken a series of “shocking, graphic, and abusive photographs” of her daughter. In addition, Mother declined to partic...

State v. Anderson  
Date: December 22, 2016
Citation: 2016 ME 183
Docket Number: 2016 ME 183

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of unlawful trafficking in schedule W drugs. Defendant appealed. The Supreme Judicial Court affirmed, holding (1) Defendant was not deprived of a fair trial by th...

State v. Hanscom  
Date: December 22, 2016
Citation: 2016 ME 184
Docket Number: 2016 ME 184

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of unlawful sexual contact. The trial court imposed concurrent sentences of three years’ imprisonment with all but fifteen months suspended and eight years of pro...

State of Maine v. Oscar Nunez (Errata)
Date: December 22, 2016
Citation: 2016 ME 185
State v. Nunez  
Date: December 22, 2016
Citation: 2016 ME 185
Docket Number: 2016 ME 185

Justia Opinion Summary: The district court issued a warrant authorizing officers to search Defendant’s residence. The search resulted in the seizure of container of “Molotov cocktails” and a handgun. Defendant moved to suppress the evidence arg...

State v. Begin  
Date: December 22, 2016
Citation: 2016 ME 186
Docket Number: 2016 ME 186

Justia Opinion Summary: In 2004, Jason Begin was committed to the custody of the Commissioner of the Department of Health and Human Services based upon a finding that he was not criminally responsible for certain crimes by reason of insanity. I...

Barnie's Bar & Grill, Inc. v. United States Liability Insurance Company  
Date: December 20, 2016
Citation: 2016 ME 181
Docket Number: 2016 ME 181

Justia Opinion Summary: Barnie’s Bar & Grill, Inc. held an insurance policy by the United States Liability Insurance Company (USLIC) when Barnie’s was sued for negligence in connection with one man’s attack by a group of other patrons of the ba...

James-Robert G. Curtis v. Florania Da Silva Medeiros (Errata)
Date: December 15, 2016
Citation: 2016 ME 180
Curtis v. Medeiros  
Date: December 15, 2016
Citation: 2016 ME 180
Docket Number: 2016 ME 180

Justia Opinion Summary: In a divorce judgment, the district court awarded Mother the right to provide the parties’ minor child’s primary residence. Mother moved to modify the terms of the divorce judgment and later moved to enforce the divorce...

In re Carlos C.  
Date: December 13, 2016
Citation: 2016 ME 179
Docket Number: 2016 ME 179

Justia Opinion Summary: The district court terminated Father’s parental rights to his child, determining that Father was parentally unfit within the meaning of the child protection statutes and that termination was in the child’s best interest....

Friends of the Motherhouse v. City of Portland  
Date: December 8, 2016
Citation: 2016 ME 178
Docket Number: 2016 ME 178

Justia Opinion Summary: Friends of the Motherhouse, a nonprofit corporation and two individuals (collectively, Friends) filed a complaint seeking a declaration that the Portland City Council’s rezoning of a parcel owned by Sea Coast at Baxter W...

Boulette v. Boulette  
Date: December 6, 2016
Citation: 2016 ME 177
Docket Number: 2016 ME 177

Justia Opinion Summary: Melody Boulette and Richard Boulette were divorced pursuant to a judgment that granted the parties shared parental rights and responsibilities and shared residence with respect to their two sons. Richard subsequently mov...

Paul v. Town of Liberty  
Date: December 1, 2016
Citation: 2016 ME 173
Docket Number: 2016 ME 173

Justia Opinion Summary: Plaintiffs owed parcels of real estate in the Town of Liberty that were accessed by a public road. Plaintiffs unsuccessfully requested that the Town repair the road. The Town Select Board subsequently voted that the “upp...

Fryeburg Trust v. Town of Fryeburg  
Date: December 1, 2016
Citation: 2016 ME 174
Docket Number: 2016 ME 174

Justia Opinion Summary: The Fryeburg Academy, a private secondary school, applied to the Town of Fryeburg Planning Board for permits authorizing changes in the use of two parcels of leased land. Following a hearing, the Planning Board approved...

Arundel Valley, LLC v. Branch River Plastics, Inc.  
Date: December 1, 2016
Citation: 2016 ME 175
Docket Number: 2016 ME 175

Justia Opinion Summary: Arundel Valley, LLC, the developer of a facility for a butter manufacturer, filed a complaint against Branch River Plastics, Inc., a manufacturer and distributor of insulated roofing panels, alleging, inter alia, defects...

State v. Watson  
Date: December 1, 2016
Citation: 2016 ME 176
Docket Number: 2016 ME 176

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of gross sexual assault, one count of unlawful sexual contact, and one count of visual sexual aggression against a child. Defendant appealed, arguing that the tri...

Clark v. Leeman  
Date: November 29, 2016
Citation: 2016 ME 170
Docket Number: 2016 ME 170

Justia Opinion Summary: In 2011, the district court issued a parental rights and responsibilities judgment pertaining to the minor child of Mother and Father. The judgment granted primary physical residence to Father and mode provisions for Mot...

Ford Motor Co. v. Darling's  
Date: November 29, 2016
Citation: 2016 ME 171
Docket Number: 2016 ME 171

Justia Opinion Summary: This dispute arose out of the franchise relationship between Ford Motor Company and Darling’s, an automobile dealer. In Ford I, the Maine Motor Vehicle Franchise Board entered an award of damages against Ford, concluding...

State of Maine v. Timothy M. Hunt (Errata)
Date: November 29, 2016
Citation: 2016 ME 172
Maine v. Hunt  
Date: November 29, 2016
Citation: 2016 ME 172
Docket Number: 2016 ME 172

Justia Opinion Summary: After a jury trial, Defendant was found guilty of six counts of gross sexual assault and six counts of unlawful sexual contact. Defendant appealed, arguing, inter alia, that the trial court erred in denying his motion to...

Beal v. State  
Date: November 22, 2016
Citation: 2016 ME 169
Docket Number: 2016 ME 169

Justia Opinion Summary: Petitioner was charged with terrorizing and criminal restraint with a dangerous weapon. Petitioner was found not criminally responsible by reason of mental disease or defect and committed to the custody of the Commission...

Levis v. Konitzky  
Date: November 17, 2016
Citation: 2016 ME 167
Docket Number: 2016 ME 167

Justia Opinion Summary: James Levis filed a complaint for declaratory judgment and quiet title claiming title to a section of mudflat by adverse possession and by deed from his ex-wife. Levis named Gustav Konitzky, an abutting neighbor and boat...

Houlton Water Co. v. Public Utilities Commission  
Date: November 17, 2016
Citation: 2016 ME 168
Docket Number: 2016 ME 168

Justia Opinion Summary: Bangor Hydro-Electric (BHE) and Maine Public Service Company (MPS) were regulated utilities engaged in the transmission and distribution of electric it. The companies merged to become Emera Maine during the pendency of t...

In re Cameron Z.  
Date: November 8, 2016
Citation: 2016 ME 162
Docket Number: 2016 ME 162

Justia Opinion Summary: After a hearing, the district court court terminated both Mother’s and Father’s rights to their four minor children. Mother and Father both appealed. The Supreme Court affirmed, holding that the trial court did not err o...

State of Maine v. Adam D. Gerry (Errata)
Date: November 8, 2016
Citation: 2016 ME 163
State v. Gerry  
Date: November 8, 2016
Citation: 2016 ME 163
Docket Number: 2016 ME 163

Justia Opinion Summary: Defendant was charged with operating under the influence. Defendant moved to suppress evidence obtained during his detention and arrest, arguing that the detention was not supported by a reasonable articulable suspicion....

Lindsay E. Verite v. Eric J. Verite (Errata)
Date: November 8, 2016
Citation: 2016 ME 164
Verite v. Verite  
Date: November 8, 2016
Citation: 2016 ME 164
Docket Number: 2016 ME 164

Justia Opinion Summary: Eric Verite and Lindsay Verite were divorced in 2011 pursuant to a judgment that awarded them shared parental rights and responsibilities to their three children and that awarded Lindsay primary residence with rights of...

BCN Telecom, Inc. v. State Tax Assessor  
Date: November 8, 2016
Citation: 2016 ME 165
Docket Number: 2016 ME 165

Justia Opinion Summary: BCN Telecom, Inc. was assessed a state service provider tax on certain flat charges that BCN imposed on some business customers’ lines from 2008 to 2011. The charges were designed both to reimburse BCN for presubscribed...

Harris Management, Inc. v. Coulombe  
Date: November 8, 2016
Citation: 2016 ME 166
Docket Number: 2016 ME 166

Justia Opinion Summary: Harris Management and JJR Associates filed a complaint against Paul Coulombe and two LLCs under his control (collectively, Defendants), alleging seven causes of action arising from allegations that Coulombe had misrepres...

Harlor v. Amica Mutual Insurance Co.  
Date: November 3, 2016
Citation: 2016 ME 161
Docket Number: 2016 ME 161

Justia Opinion Summary: Jon and Winifred Prime brought suit against Dawn Harlor stemming from a dispute over the Primes’ right to use a dock according to an easement Harlor had granted the the Primes. At all relevant times, Harlor was insured b...

State v. Saenz  
Date: October 25, 2016
Citation: 2016 ME 159
Docket Number: 2016 ME 159

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of depraved indifference murder for the death of his wife, who died after several days of beatings and injuries inflicted on her by Defendant while her children were pre...

Eremita v. Marchiori  
Date: October 25, 2016
Citation: 2016 ME 160
Docket Number: 2016 ME 160

Justia Opinion Summary: In 2012, Wife instituted divorce proceedings against Husband on the ground of irreconcilable differences. The district court divided the parties’ assets and debts, awarded Wife spousal support, and denied Wife’s requests...

State v. Carter  
Date: October 20, 2016
Citation: 2016 ME 157
Docket Number: 2016 ME 157

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of solicitation of a child to commit a prohibited act. The trial court imposed a suspended jail term of six months and one year of probation. Defendant appealed, arguing...

State v. Lagasse  
Date: October 20, 2016
Citation: 2016 ME 158
Docket Number: 2016 ME 158

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated trafficking of scheduled drugs. Defendant appealed, arguing that the superior court erred by denying his motion to suppress evidence of drugs that the arresting o...

State v. Foster  
Date: October 18, 2016
Citation: 2016 ME 154
Docket Number: 2016 ME 154

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of gross sexual assault, four counts of impersonating a public servant, and two counts of engaging a prostitute. The convictions were based on Defendant’s pretend...

State v. Maderios  
Date: October 18, 2016
Citation: 2016 ME 155
Docket Number: 2016 ME 155

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of aggravated assault and two counts of domestic violence assault. The Supreme Judicial Court affirmed, holding that the trial court did not err in (1) excludi...

NDC Communications, LLC v. Carle  
Date: October 18, 2016
Citation: 2016 ME 156
Docket Number: 2016 ME 156

Justia Opinion Summary: NDC Communications, LLC and Kenneth Carle III engaged in a complex set of agreements in the context of the development of a piece of land. When the parties’ working relationship broke down, NDC filed a complaint assertin...

Amero v. Amero  
Date: October 13, 2016
Citation: 2016 ME 150
Docket Number: 2016 ME 150

Justia Opinion Summary: In 2006, Mark Amero and Maria Amero divorced. The district court entered a divorce judgment that ordered Mark to pay Maria general spousal support. The award was subject to the condition that it terminate upon Maria’s re...

State v. Hederson  
Date: October 13, 2016
Citation: 2016 ME 151
Docket Number: 2016 ME 151

Justia Opinion Summary: Defendant was arrested in New Hampshire on a domestic violence charge and released that day on bail, subject to certain no-contact conditions. Thereafter, Defendant allegedly assaulted the victim in Maine. Defendant was...

Angell Family 2012 Prouts Neck Trusts v. Town of Scarborough  
Date: October 13, 2016
Citation: 2016 ME 152
Docket Number: 2016 ME 152

Justia Opinion Summary: In Petrin v. Town of Scarborough, the Supreme Judicial Court, in considering challenges to increases in municipal property taxes for parcels located in neighborhoods in the Town of Scarborough, concluded that the Town’s...

Graf v. State Farm Mut. Auto. Ins. Co.  
Date: October 13, 2016
Citation: 2016 ME 153
Docket Number: 2016 ME 153

Justia Opinion Summary: Plaintiff, who was injured when the car she was driving was rear-ended by an underinsured motorist, claimed uninsured/underinsured motorist coverage and medical payments coverage under two State Farm Mutual Automobile In...

U.S. Bank Trust, N.A. v. Mackenzie  
Date: October 11, 2016
Citation: 2016 ME 149
Docket Number: 2016 ME 149

Justia Opinion Summary: Bank brought this foreclosure action against Mortgagor. Mortgagor filed a motion for summary judgment, arguing that Bank’s notices of right to cure were deficient because they did not satisfy the requirements of Me. Rev....

State v. Maine State Employees Ass’n  
Date: October 6, 2016
Citation: 2016 ME 148
Docket Number: 2016 ME 148

Justia Opinion Summary: Susan Berube was terminated from her employment with the Department of Health and Human Services (DHHS) for having alcohol on her breath while meeting with a client. The Maine State Employees Association, SEIU Local 1989...

State v. Kendall  
Date: October 4, 2016
Citation: 2016 ME 147
Docket Number: 2016 ME 147

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of theft by misapplication of property, one count of conspiracy to commit intentional evasion of tax, and three counts of failure to collect, account for, or pa...

Pawlendzio v. Haddow  
Date: September 20, 2016
Citation: 2016 ME 144
Docket Number: 2016 ME 144

Justia Opinion Summary: Jon Haddow, an attorney, represented and Frank and Beverly Pawlendzio in personal bankruptcy proceedings. Following the proceedings, the Pawlendzios filed a complaint against Haddow, asserting claims of legal malpractice...

State v. Westgate  
Date: September 20, 2016
Citation: 2016 ME 145
Docket Number: 2016 ME 145

Justia Opinion Summary: After a jury trial, Defendant was found guilty of five counts of unlawful sexual contact and one count of visual sexual aggression against a child. At trial, the court did not require the jury to find one element of the...

Catherine E. Brochu v. Richard A. McLeod (Errata)
Date: September 20, 2016
Citation: 2016 ME 146
Brochu v. McLeod  
Date: September 20, 2016
Citation: 2016 ME 146
Docket Number: 2016 ME 146

Justia Opinion Summary: Catherine Brochu and Richard McLeod were married in 1970 and had two children. In 1977, the parties executed a separation agreement setting forth McLeod’s child and spousal support obligations. McLeod, who was in the Uni...

Cayer v. Town of Madawaska  
Date: September 15, 2016
Citation: 2016 ME 143
Docket Number: 2016 ME 143

Justia Opinion Summary: Richard and Ann Cayer filed a petition to secede from the Town of Madawaska. Thereafter, the Legislature enacted and the Governor approved a bill changing the Legislature’s practice for receiving and considering secessio...

Sabina v. JPMorgan Chase Bank, N.A.  
Date: September 13, 2016
Citation: 2016 ME 141
Docket Number: 2016 ME 141

Justia Opinion Summary: Plaintiffs received a loan from JPMorgan Chase Bank, N.A. that was secured by a mortgage on their real property in Portland. When Plaintiffs finished paying off the mortgage, Chase executed a written mortgage release and...

Childs v. Ballou  
Date: September 13, 2016
Citation: 2016 ME 142
Docket Number: 2016 ME 142

Justia Opinion Summary: After her divorce from Robert Ballou was final, Gina Childs sought a protection from abuse order against Ballou. A protection order was entered upon the parties’ agreement without a finding of abuse. The district court l...

Blanchard v. Blanchard  
Date: September 6, 2016
Citation: 2016 ME 140
Docket Number: 2016 ME 140

Justia Opinion Summary: Four days before they were married, Sharon and Ronald Blanchard executed a premarital agreement, which governed the equitable distribution of property and the award of spousal support. Twenty-six years later, Sharon file...

David L. Savell v. Michael A. Duddy et al. (Errata)
Date: September 1, 2016
Citation: 2016 ME 139
Savell v. Duddy  
Date: September 1, 2016
Citation: 2016 ME 139
Docket Number: 2016 ME 139

Justia Opinion Summary: David Savell filed a complaint against Michael Duddy and the law firm of Kelly, Remmel & Zimmerman (KRZ) founded upon his assertion that an attorney-client relationship existed between himself and Duddy. Among other clai...

In re Alijah K.  
Date: August 30, 2016
Citation: 2016 ME 137
Docket Number: 2016 ME 137

Justia Opinion Summary: In 2015, the Department of Health and Human Services filed a petition to terminate Father’s parental rights to his child. After a hearing, the district court terminated Father’s parental rights on the grounds of unfitnes...

Frederick B. Lincoln et al. v. Harold Burbank II et al. (Errata)
Date: August 30, 2016
Citation: 2016 ME 138
Lincoln v. Burbank  
Date: August 30, 2016
Citation: 2016 ME 138
Docket Number: 2016 ME 138

Justia Opinion Summary: Harold Burbank was the owner of an interest in a coastal property that was owned in joint tenancy by fourteen owners (collectively, Defendants). Plaintiffs, the owners of a cluster of properties neighboring the Burbank p...

Dietrich v. Dietrich  
Date: August 16, 2016
Citation: 2016 ME 130
Docket Number: 2016 ME 130

Justia Opinion Summary: Kyle Dietrich and Hilary Dietrich were divorced in 2011 pursuant to a judgment that granted the parties shared parental rights and responsibilities of their three children and did not order either party to pay child supp...

Drilling & Blasting Rock Specialists, Inc. v. Rheaume  
Date: August 16, 2016
Citation: 2016 ME 131
Docket Number: 2016 ME 131

Justia Opinion Summary: Drilling Blasting Rock Specialists, Inc. (DBRS) filed a complaint against Paul Rheaume, asserting that Rheaume should be held personally liable for intentionally and negligently misrepresenting that there were no encumbr...

In re Estate of Frost  
Date: August 16, 2016
Citation: 2016 ME 132
Docket Number: 2016 ME 132

Justia Opinion Summary: After Barbara Frost died, her half-sister, Nancy Gamash, initiated a will contest, asserting that Frost’s will was a product of undue influence. In conjunction with that contest, Gamash sought a declaratory judgment that...

State v. Figueroa  
Date: August 16, 2016
Citation: 2016 ME 133
Docket Number: 2016 ME 133

Justia Opinion Summary: Defendant entered a conditional guilty plea to the Class B charge of unlawful trafficking in scheduled drugs. Defendant appealed, challenging the denial of his motion to suppress statements he made during an interrogatio...

State of Maine v. Roxanne Jeskey (Errata)
Date: August 16, 2016
Citation: 2016 ME 134
State v. Jeskey  
Date: August 16, 2016
Citation: 2016 ME 134
Docket Number: 2016 ME 134

Justia Opinion Summary: After a bench trial, Defendant was convicted of intentional or knowing murder and depraved indifference murder. The Supreme Judicial Court affirmed the judgment, holding (1) there was sufficient evidence to support the c...

State v. Mahmoud  
Date: August 16, 2016
Citation: 2016 ME 135
Docket Number: 2016 ME 135

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of assault. Defendant appealed, asserting that the superior court committed prejudicial error by failing to give his proposed jury instructions on eyewitness ident...

Donald Petrin et al. v. Town of Scarborough (Errata)
Date: August 16, 2016
Citation: 2016 ME 136
Petrin v. Town of Scarborough  
Date: August 16, 2016
Citation: 2016 ME 136
Docket Number: 2016 ME 136

Justia Opinion Summary: As a result of a partial revaluation of parcels of land located within the Town of Scarborough, including land owned by Plaintiffs, the municipal assessment of the parcels of land increased. Plaintiffs sought abatements...

State v. Arbour  
Date: August 11, 2016
Citation: 2016 ME 126
Docket Number: 2016 ME 126

Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple drug offenses. The Supreme Judicial Court affirmed, holding (1) the suppression court did not err by denying Defendant’s motion to suppress evidence seized from his...

In re Guardianship of Luneau  
Date: August 11, 2016
Citation: 2016 ME 127
Docket Number: 2016 ME 127

Justia Opinion Summary: After learning of allegations of inappropriate and unwanted physical contact by Mark Langlais against Marviline Luneau in Luneau’s nursing home, the Department of Health and Human Services filed a petition for ex parte a...

Hutt v. Hanson  
Date: August 11, 2016
Citation: 2016 ME 128
Docket Number: 2016 ME 128

Justia Opinion Summary: Husband and Wife had been married for about seventeen years when Wife filed a complaint for divorce. After a trial, the district court entered a divorce judgment granting the parties a divorce on the ground of irreconcil...

In re Estate of Gagnon  
Date: August 11, 2016
Citation: 2016 ME 129
Docket Number: 2016 ME 129

Justia Opinion Summary: In 2005, Cecile Poulin, then approximately eighty-five years old, asked her nephew, Paul Gagnon, to assist her with her financial affairs. In 2011, Poulin signed a durable power of attorney appointing Gagnon as her agent...

Bastille v. Maine Pub. Employees Ret. Sys.  
Date: August 9, 2016
Citation: 2016 ME 124
Docket Number: 2016 ME 124

Justia Opinion Summary: The Board of Trustees of the Maine Public Employees Retirement System affirmed an administrative determination that Appellant was ineligible for disability retirement benefits. Appellant later filed an incomplete petitio...

In re Magdalena F.  
Date: August 9, 2016
Citation: 2016 ME 125
Docket Number: 2016 ME 125

Justia Opinion Summary: After a hearing, the district court terminated the parental rights of Mother and Father to their three children. The parents appealed. The Supreme Judicial Court affirmed, holding (1) Mother’s and Father’s arguments that...

State v. Knight  
Date: August 4, 2016
Citation: 2016 ME 123
Docket Number: 2016 ME 123

Justia Opinion Summary: Defendant pleaded guilty in the trial court to a number of burglaries and thefts committed from nearby residences in the woods near Rome. When Defendant was sentenced, he paid almost an entire agreed amount of restitutio...

Day's Auto Body, Inc. v. Town of Medway  
Date: August 2, 2016
Citation: 2016 ME 121
Docket Number: 2016 ME 121

Justia Opinion Summary: Day’s Auto Body, Inc. (Day’s Auto) filed a complaint alleging that Town of Medway and Emery Lee and Sons, Inc. (ELS) negligently used vehicles, machinery, and equipment in the course of their response to a fire at Day’s...

Torres v. Department of Corrections  
Date: August 2, 2016
Citation: 2016 ME 122
Docket Number: 2016 ME 122

Justia Opinion Summary: Plaintiff, an inmate, filed a petition for judicial review of a Department of Corrections' decision finding him guilty of the disciplinary offense of tattooing. The superior court dismissed Plaintiff’s petition for failu...

State v. Carton  
Date: July 29, 2016
Citation: 2016 ME 119
Docket Number: 2016 ME 119

Justia Opinion Summary: Defendants, two cousins, were convicted of unlawful trafficking in scheduled drugs. Defendants appealed, challenging the trial court’s denial of their motion to suppress evidence obtained during a warrantless search and...

State v. Palmer  
Date: July 29, 2016
Citation: 2016 ME 120
Docket Number: 2016 ME 120

Justia Opinion Summary: Defendant was charged with two criminal counts. Defendant consented to a deferred disposition in the district court and pleaded guilty to endangering the welfare of a child. Following a hearing on the final disposition,...

State of Maine v. Crystal Palmer
Date: July 28, 2016
Citation: 2016 ME 120
American Express Bank FSB v. Deering  
Date: July 26, 2016
Citation: 2016 ME 117
Docket Number: 2016 ME 117

Justia Opinion Summary: American Express Bank FSB filed a complaint alleging that Diane Deering owed $22,339.94 in credit card debt. After a trial, the district court entered judgment in favor of American Express in that amount. On appeal, Deer...

Ocean Cmtys. Fed. Credit Union v. Roberge  
Date: July 26, 2016
Citation: 2016 ME 118
Docket Number: 2016 ME 118

Justia Opinion Summary: Ocean Communities Federal Credit Union filed a foreclosure complaint against Guy Roberge and Lisa Pombriant concerning certain residential property. The district court granted a summary judgment for foreclosure and sale...

Rossignol v. Maine Pub. Employees Ret. Sys.  
Date: July 21, 2016
Citation: 2016 ME 115
Docket Number: 2016 ME 115

Justia Opinion Summary: After Robert Rossignol was notified that his teaching contract would not be renewed, Rossignol applied to the Maine Public Employees Retirement System (MPERS) for disability retirement benefits. Rossignol alleged that he...

In re Robert M.A. Nadeau  
Date: July 21, 2016
Citation: 2016 ME 116
Docket Number: 2016 ME 116

Justia Opinion Summary: The Committee on Judicial Responsibility and Disability filed a report against Probate Judge Robert Nadeau. The Committee alleged that Judge Nadeau violated the Maine Code of Judicial Conduct based on statements he made...

In re Adden B.  
Date: July 19, 2016
Citation: 2016 ME 113
Docket Number: 2016 ME 113

Justia Opinion Summary: In 2015, the Department of Health and Human Services filed a petition to terminate Father’s parental rights to his son. At the commencement of the termination hearing, Father told the court that he was unwell and that he...

Cedar Beach/Cedar Island Supporters, Inc. v. Gables Real Estate LLC  
Date: July 19, 2016
Citation: 2016 ME 114
Docket Number: 2016 ME 114

Justia Opinion Summary: Claimants, members of the public, brought an action seeking a declaratory judgment that the public had acquired a prescriptive easement over a parcel of property known as Cedar Beach Road owned by Gables Real Estate LLC....

Graf v. State Farm Mut. Auto. Ins. Co.  
Date: July 14, 2016
Citation: 2016 ME 109
Docket Number: 2016 ME 109

Justia Opinion Summary: Plaintiff was driving her car when she was struck from behind from an underinsured motorist. Plaintiff claimed uninsured/underinsured (UM/UIM) coverage and medical payments under two State Farm Mutual Automobile Insuranc...

State v. Poulin  
Date: July 14, 2016
Citation: 2016 ME 110
Docket Number: 2016 ME 110

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder and arson. Defendant was sentenced to life imprisonment for the murder. During the proceedings, the trial court excluded GPS data and handwritten notes from the State...

Xpress Natural Gas, LLC v. Cate St. Capital, Inc.  
Date: July 14, 2016
Citation: 2016 ME 111
Docket Number: 2016 ME 111

Justia Opinion Summary: In 2012, GNP Parent, LLC entered into a sales agreement to purchase compressed natural gas from Xpress Natural Gas, LLC as fuel for the Great Northern Paper Mill. Cate Street Capital, Inc., the corporate owner of GNP, gu...

Cushing v. Cushing  
Date: July 14, 2016
Citation: 2016 ME 112
Docket Number: 2016 ME 112

Justia Opinion Summary: Stephen Cushing and Ann Cushing were divorced in 2011. In 2014, Stephen filed a motion to modify the divorce judgment’s child contact schedule and child support provision. In 2015, due to Stephen’s continued failure to c...

State v. Daluz  
Date: July 12, 2016
Citation: 2016 ME 102
Docket Number: 2016 ME 102

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of murder. Defendant filed a motion for a new trial, arguing that he had been deprived of due process by being tried jointly with his co-defendant and by statem...

State v. Simmons  
Date: July 12, 2016
Citation: 2016 ME 103
Docket Number: 2016 ME 103

Justia Opinion Summary: The two defendants in this case - James Simmons and Frederick Campbell - were each charged with and indicted for two counts of arson. Simmons filed a motion to suppress the evidence seized as a result of search warrants,...

Mosher v. State Harness Racing Comm’n  
Date: July 12, 2016
Citation: 2016 ME 104
Docket Number: 2016 ME 104

Justia Opinion Summary: Plaintiff applied to the State Harness Racing Commission to renew his driver/trainer license for horse harness racing in Maine. The Commission denied the application because Plaintiff had previously been denied a license...

Cheney v. Unemployment Ins. Comm’n  
Date: July 12, 2016
Citation: 2016 ME 105
Docket Number: 2016 ME 105

Justia Opinion Summary: After taking maternity leave, Plaintiff returned to work. She quit, however, after disputes between her and Employer arose over a change to her schedule that made her childcare situation more difficult, and over an appro...

In re Aliyah M.  
Date: July 12, 2016
Citation: 2016 ME 106
Docket Number: 2016 ME 106

Justia Opinion Summary: The Department of Health and Human Services filed a petition to terminate Mother’s parental rights to her child. After a termination hearing, the district court terminated Mother’s parental rights, determining by clear a...

Sullivan v. St. Joseph's Rehab. & Residence  
Date: July 12, 2016
Citation: 2016 ME 107
Docket Number: 2016 ME 107

Justia Opinion Summary: After resigning from her job as director of nursing at St. Joseph’s Rehabilitation and Residence, Plaintiff sued St. Joseph’s under the Whistleblowers’ Protection Act, alleging retaliation and constructive discharge. The...

Estate of Kay v. Estate of Wiggins  
Date: July 12, 2016
Citation: 2016 ME 108
Docket Number: 2016 ME 108

Justia Opinion Summary: In 2011, Dennis Kay was driving a van owned by Budget Truck Rental when the van slid off an icy road. Kay was ejected from the vehicle and died as a result of the accident. Kay was driving the vehicle during the course o...

Estate of Smith v. Salvesen  
Date: July 7, 2016
Citation: 2016 ME 100
Docket Number: 2016 ME 100

Justia Opinion Summary: Plaintiff filed a complaint for negligence and wrongful death against Defendant, who owned and operated a guesthouse at which Plaintiff’s wife died. Plaintiff alleged that the guesthouse premises were unreasonably danger...

Camden Nat’l Bank v. Weintraub  
Date: July 7, 2016
Citation: 2016 ME 101
Docket Number: 2016 ME 101

Justia Opinion Summary: Camden National Bank filed a complaint for foreclosure against Ilene Weintraub. Weintraub brought several counterclaims against the bank, including violations of the Maine Consumer Credit Code, breach of contract, and a...

McCarthy v. Goroshin  
Date: July 7, 2016
Citation: 2016 ME 98
Docket Number: 2016 ME 98

Justia Opinion Summary: In 2011, Father and Mother were divorced pursuant to a divorce judgment. In 2015, the district court found Father in contempt for violating the divorce judgment. The court also denied Father’s motion to modify his child...

In re Guardianship of Harold Sanders  
Date: July 7, 2016
Citation: 2016 ME 99
Docket Number: 2016 ME 99

Justia Opinion Summary: The probate court issued an adjudication of incapacity and appointed the Department of Health and Human Services as the public guardian of Harold Sanders, finding that Sanders was incapacitated, that no suitable private...

Nationstar Mortgage LLC v. Halfacre  
Date: July 5, 2016
Citation: 2016 ME 97
Docket Number: 2016 ME 97

Justia Opinion Summary: In 2012, Nationstar Mortgage LLC filed a foreclosure action against Timothy Halfacre. The trial court entered judgment for Halfacre. Nationstar subsequently filed a new foreclosure action against Halfacre. The superior c...

Young v. Lagasse  
Date: June 30, 2016
Citation: 2016 ME 96
Docket Number: 2016 ME 96

Justia Opinion Summary: Lois Young filed a complaint claiming that her transfer of her home to her former foster child, Joseph Lagasse, and his wife was the result of undue influence and therefore should be voided. The trial court concluded Pla...

Robert M. Cote v. Donald R. Cote et al. (Errata)
Date: June 28, 2016
Citation: 2016 ME 94
Cote v. Cote  
Date: June 28, 2016
Citation: 2016 ME 94
Docket Number: 2016 ME 94

Justia Opinion Summary: This case involved a dispute primarily among siblings regarding the substance of and rights to their mother’s estate. Plaintiff commenced an action against Defendants for tortious interference with an expectancy of an in...

State v. Sasso  
Date: June 28, 2016
Citation: 2016 ME 95
Docket Number: 2016 ME 95

Justia Opinion Summary: Defendant entered a conditional plea of nolo contendere to the crime of operating after suspension. A judgment of conviction was entered accordingly. Defendant appealed, arguing that the lower court erred in denying his...

In re Estate of Gilbert  
Date: June 21, 2016
Citation: 2016 ME 92
Docket Number: 2016 ME 92

Justia Opinion Summary: In January 2012, after the death of John Gilbert, intestate probate proceedings were commenced. In November 2013, the probate court concluded that the relationship between Judith Gilbert, John’s widow, and Nathan Gilbert...

Little v. Wallace  
Date: June 21, 2016
Citation: 2016 ME 93
Docket Number: 2016 ME 93

Justia Opinion Summary: A divorce judgment was entered providing for the shared primary residence of Mother and Father’s child. The district court subsequently modified the judgment, which created a more complicated schedule of contact. Due to...

Behr v. Maine Pub. Employees Ret. Sys.  
Date: June 14, 2016
Citation: 2016 ME 91
Docket Number: 2016 ME 91

Justia Opinion Summary: Plaintiff filed an application for disability retirement benefits alleging that she was unable to perform her job with the Maine Department of Transportation because of her numerous disabilities. The Maine Public Employe...

In re Estate of Jeanne S. Reed  
Date: June 9, 2016
Citation: 2016 ME 90
Docket Number: 2016 ME 90

Justia Opinion Summary: In 1997, Jeanne Reed died. In 2013, George Reed, Jeanne’s son, filed a petition for formal probate of his mother’s will. The county probate court denied the petition as time barred. In 2014, George and his brother, Lawre...

State of Maine v. Frisbee  
Date: June 7, 2016
Citation: 2016 ME 83
Docket Number: 2016 ME 83

Justia Opinion Summary: At jury selection for Frisbee’s trial on charges of unlawful sexual contact, Frisbee’s attorney saw a former client, who had no connection to the matter, in the courtroom. The spectator had spent 11 months in prison for...

State of Maine v. Dupont  
Date: June 7, 2016
Citation: 2016 ME 84
Docket Number: 2016 ME 84

Justia Opinion Summary: During the course of an argument at the victim's Chelsea home, Dupont scratched the victim’s face and neck with her fingernails, leaving wounds on his cheek. Dupont was convicted of assault (Class D), 17-A M.R.S. 207(1...

Grant v. Foster Wheeler, LLC  
Date: June 7, 2016
Citation: 2016 ME 85
Docket Number: 2016 ME 85

Justia Opinion Summary: Grant worked for Bath Iron Works from 1964-1970, and again from 1978-1994. During Grant’s first period of employment, asbestos was a common component of the insulation and other materials used at Bath, including for the...

Karamanoglu v. Gourlaouen  
Date: June 7, 2016
Citation: 2016 ME 86
Docket Number: 2105 ME 86

Justia Opinion Summary: Pursuant to 19-A M.R.S. 252(1)(A), a referee held hearings and issued a report, finding: The parties were married in France, in 2006. Their child was born in 2008. A protection order had issued, based on findings that K...

Marston v. Marston  
Date: June 7, 2016
Citation: 2016 ME 87
Docket Number: 2016 ME 87

Justia Opinion Summary: Richard and Armande's 1999 divorce judgment ordered Richard to pay Armande $2,500 per month until Armande’s death or remarriage, “subject to review upon a significant change in the circumstances of either party, includin...

Estate of Summers v. Nisbet  
Date: June 7, 2016
Citation: 2016 ME 88
Docket Number: 2016 ME 88

Justia Opinion Summary: Five suits filed against Nisbet, the owner of an apartment building where several people died in a 2014 fire, make claims for wrongful death, alleging that the property was in a state of general disrepair with no working...

Osprey Family Trust v. Town of Owls Head.  
Date: June 7, 2016
Citation: 2016 ME 89
Docket Number: 2016 ME 89

Justia Opinion Summary: The trust sought a building permit, to replace a dilapidated 1950s minesweeper deckhouse on the Owls Head property with a new, larger single-family residence. The existing structure is located partly within a 75-foot set...

In re Nicholas S.  
Date: June 2, 2016
Citation: 2016 ME 82
Docket Number: 2016 ME 82

Justia Opinion Summary: The Department of Health and Human Services filed child protection petitions regarding three boys, alleging that the children were in jeopardy due to mother's failure to protect them from physical abuse by her husband, a...

Adoption of Priscilla D.  
Date: May 31, 2016
Citation: 2016 ME 81
Docket Number: 2016 ME 81

Justia Opinion Summary: In 2009 Priscilla’s birth parents consented to termination of their parental rights. Her maternal grandmother adopted Priscilla, then six-years-old. Despite the consent, the court explicitly found that the parents were u...

Daniel J. McLeod v. Louise M. Macul (Errata)
Date: May 26, 2016
Citation: 2016 ME 76
McLeod v. Macul  
Date: May 26, 2016
Citation: 2016 ME 76
Docket Number: 15-126

Justia Opinion Summary: After 26 years of marriage, including six years legally separated, McLeod, who resides in Shanghai, and Macul, who resides in Malaysia, divorced in 2012. In consideration of an unequal division of property, Macul was awa...

Gordius v. Kelley  
Date: May 26, 2016
Citation: 2016 ME 77
Docket Number: 15-100

Justia Opinion Summary: Kelley and Gordius had a romantic relationship for 10 years before they married in May 2012. Gordius’s child was born in July 2011, while the two were together but unmarried. Although they had been living together for se...

Kilborn v. Carey  
Date: May 26, 2016
Citation: 2016 ME 78
Docket Number: 15-292

Justia Opinion Summary: A daughter was born to Carey and Knight in 2010. The child was hospitalized with a serious illness when she was about a month old. Knight ended his relationship with Carey and removed himself from his daughter’s life. Ca...

Louise Dorr v. Sarah Woodard (Errata)
Date: May 26, 2016
Citation: 2016 ME 79
Dorr v. Woodard  
Date: May 26, 2016
Citation: 2016 ME 79
Docket Number: 14-551

Justia Opinion Summary: The father of Woodard’s child died seven months after the child’s birth. There is no evidence that Woodard is an unfit parent. Dorr, the mother of the deceased father, sought court-ordered visitation with Woodard’s child...

Guardianship of Hailey M.  
Date: May 26, 2016
Citation: 2016 ME 80
Docket Number: 15-461

Justia Opinion Summary: In 2014, Hailey’s mother petitioned the Cumberland County Probate Court for Hailey’s paternal grandparents to be appointed as guardians so that Hailey could attend school in Freeport. She withdrew the petition weeks late...

Maine v. Kimball  
Date: May 24, 2016
Citation: 2016 ME 75
Docket Number: Cum-15-294

Justia Opinion Summary: Brown, a 95-year-old resident of North Yarmouth, lives on his farm and keeps bees. Karen helped Brown and also raised her own bees and harvested honey there. Brown's family was concerned about Karen’s influence over Brow...

Pinkham v. Dep't of Transp.  
Date: May 19, 2016
Citation: 2016 ME 74
Docket Number: Han-15-95

Justia Opinion Summary: Terrence E. Pinkham appealed the Superior Court's award of $41,500 as just compensation for the MDOT's taking of a portion of his property by eminent domain for a road improvement project. The court agreed with Pinkham's...

Seger v. Nason  
Date: May 17, 2016
Citation: 2016 ME 72
Docket Number: 2016 ME 72

Justia Opinion Summary: Plaintiff, on behalf of her child, filed a complaint for protection from abuse against Defendant, a neighbor, on behalf of Defendant’s child. After a hearing, the district court entered a protection order, finding that D...

State v. Dorweiler  
Date: May 17, 2016
Citation: 2016 ME 73
Docket Number: 2016 ME 73

Justia Opinion Summary: After a bench trial, Defendant was convicted of the crime of escape from arrest. Defendant was sentenced to fourteen days in jail. Defendant appealed, arguing that there was insufficient evidence to support the convictio...

Taylor v. Pub. Utils. Comm’n  
Date: May 12, 2016
Citation: 2016 ME 71
Docket Number: 2016 ME 71

Justia Opinion Summary: Fryeburg Water Company (FWC) sought approval from the Public Utilities Commission to execute an agreement with Nestle Waters North America, Inc. (NWNA) providing for the lease of premises and purchase of water from FWC....

Andrews v. Sheepscot Island Co.  
Date: May 10, 2016
Citation: 2016 ME 68
Docket Number: 2016 ME 68

Justia Opinion Summary: The shareholders of Sheepscot Island Company approved a plan to convert a for-profit corporation into a nonprofit corporation. Some dissenting shareholders (Plaintiffs) filed a complaint seeking declaratory and injunctiv...

State v. Davenport  
Date: May 10, 2016
Citation: 2016 ME 69
Docket Number: 2016 ME 69

Justia Opinion Summary: Defendant pleaded guilty to theft by deception and aggravated forgery. Defendant’s crimes arose from her wrongful procurement of public benefits through material misrepresentations. Defendant was sentenced to two years i...

State v. Bradley  
Date: May 10, 2016
Citation: 2016 ME 70
Docket Number: 2016 ME 70

Justia Opinion Summary: Defendant pleaded guilty to one count of theft by deception for submitting hundreds of fraudulent claims to MaineCare, totaling more than $40,000. After a sentencing hearing, the sentencing court sentenced Defendant to f...

State v. Parkin  
Date: May 5, 2016
Citation: 2016 ME 67
Docket Number: 2016 ME 67

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal operating under the influence (OUI), with one prior conviction (Class D). Defendant was sentenced to forty-five days in jail, a $700 fine, and a three-year license...

State v. Violette  
Date: May 3, 2016
Citation: 2016 ME 65
Docket Number: 2016 ME 65

Justia Opinion Summary: Defendant entered a conditional plea to the charge of operating under the influence with two prior convictions for operating under the influence. Defendant appealed the denial of his motion to suppress the evidence obtai...

In re Adoption of Liam O.  
Date: May 3, 2016
Citation: 2016 ME 66
Docket Number: 2016 ME 66

Justia Opinion Summary: Mother, who had been awarded sole parental rights and the right to provide Child’s primary residence, petitioned to adopt Child and to terminate the parental rights of Father. After a final hearing, the probate court den...

In re Estate of Steven L. Lake  
Date: April 28, 2016
Citation: 2016 ME 64
Docket Number: 2016 ME 64

Justia Opinion Summary: Steven Lake murdered his wife, Amy, and their two children before committing suicide. George Lake, Steven’s father, was appointed as the personal representative of Steven’s Estate (“the Estate”). Thereafter, Ralph Bagley...

Kilton v. Kilton  
Date: April 26, 2016
Citation: 2016 ME 63
Docket Number: 2016 ME 63

Justia Opinion Summary: In 2015, Jennifer Kilton filed a complaint for divorce from Darin Kilton. The trial court held an uncontested final hearing, which Darin did not attend. The court subsequently granted the parties’ divorce, adopting the o...

State of Maine v. Dale M. Pinkham Sr. (Errata)
Date: April 21, 2016
Citation: 2016 ME 59
State v. Pinkham  
Date: April 21, 2016
Citation: 2016 ME 59
Docket Number: 2016 ME 59

Justia Opinion Summary: After entering conditional guilty pleas to several counts of an indictment and a bench trial on aggravating factors only, Defendant was convicted of three counts of aggravated trafficking in scheduled drugs (Class A) and...

Strong v. Brakeley  
Date: April 21, 2016
Citation: 2016 ME 60
Docket Number: 2016 ME 60

Justia Opinion Summary: Plaintiff Kevin Strong and Defendants Rebecca Brakeley and Jonathan Bausman were all physicians licensed to practice medicine in Maine. Plaintiff filed a complaint against Defendants alleging that certain negative statem...

State of Maine v. Carter McBreairty (Errata)
Date: April 21, 2016
Citation: 2016 ME 61
State v. McBreairty  
Date: April 21, 2016
Citation: 2016 ME 61
Docket Number: 2016 ME 61

Justia Opinion Summary: After a jury trial, Defendant was convicted of thirteen hunting, fishing, and firearm-related offenses. The Supreme Judicial Court affirmed, holding (1) there was sufficient evidence to support a conviction on five of th...

Chadwick-BaRoss, Inc. v. City of Westbrook  
Date: April 21, 2016
Citation: 2016 ME 62
Docket Number: 2016 ME 62

Justia Opinion Summary: Chadwick-BaRoss Inc., a business located in the City of Westbrook, is a heavy-equipment dealer that sells equipment at retail and occasionally leases equipment to customers. After receiving a 2012 personal property tax d...

Deschenes v. City of Sanford  
Date: April 14, 2016
Citation: 2016 ME 56
Docket Number: 2016 ME 56

Justia Opinion Summary: On February 17, 2012, John Deschenes fell down stairs at Sanford City Hall. On August 13, 2012, 178 days after his fall, Deschenes appeared at City Hall and spoke to the Finance Assistant and the Finance Director regardi...

Mainers for Fair Bear Hunting v. Dep’t of Inland Fisheries & Wildlife  
Date: April 14, 2016
Citation: 2016 ME 57
Docket Number: Saufley

Justia Opinion Summary: Mainers for Fair Bear Hunting (MFBH) is a Maine ballot question committee that was a proponent of November 2014 Ballot Question 1 concerning bear hunting and trapping. As early as September 2013, the Department of Inland...

Benjamin L. Yap v. Alyssa L. Vinton (Errata)
Date: April 14, 2016
Citation: 2016 ME 58
Yap v. Vinton  
Date: April 14, 2016
Citation: 2016 ME 58
Docket Number: 2016 ME 58

Justia Opinion Summary: Benjamin Yap filed a complaint for protection from abuse against Alyssa Vinton on behalf of himself and the parties’ child. A temporary protection was granted awarding Yap temporary sole parental rights and responsibilit...

Suzan M. Collins v. Richard W. Collins (Errata)
Date: April 12, 2016
Citation: 2016 ME 51
Collins v. Collins  
Date: April 12, 2016
Citation: 2016 ME 51
Docket Number: 2016 ME 51

Justia Opinion Summary: In 2008, Richard and Suzan Collins were divorced. In 2009, the court issued an amended judgment that contained an order of enforcement. In 2014, the court held Richard in contempt for failing to comply with the payment o...

In re Guardianship of Thayer  
Date: April 12, 2016
Citation: 2016 ME 52
Docket Number: 2016 ME 52

Justia Opinion Summary: After Child’s mother died, Child’s maternal grandparents (Grandparents) petitioned for coguardianship of Child, alleging that Father had never provided direct care for Child, was unable to care for her, and had demonstra...

State v. Kennedy  
Date: April 12, 2016
Citation: 2016 ME 53
Docket Number: 2016 ME 53

Justia Opinion Summary: In 2014, Defendant entered a conditional guilty plea to operating under the influence (OUI), elevated to a Class C felony by two prior convictions for operating under the influence. Defendant appealed, asserting that his...

State v. King  
Date: April 12, 2016
Citation: 2016 ME 54
Docket Number: 2016 ME 54

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal threatening. Before trial, Defendant filed a motion to suppress statements he had made after police officers stopped his vehicle, took his license and registration,...

Wardwell v. Duggins  
Date: April 12, 2016
Citation: 2016 ME 55
Docket Number: 2016 ME 55

Justia Opinion Summary: This case arose from disputes regarding the permissible uses of an easement that burdened the land owned by Charles Wardwell and benefitted and abutting parcel owned by John and Corie Duggins. Wardwell filed a complaint...

State of Maine v. Kyle J. Dube (Errata)
Date: April 7, 2016
Citation: 2016 ME 50
State v. Dube  
Date: April 7, 2016
Citation: 2016 ME 50
Docket Number: 2016 ME 50

Justia Opinion Summary: After a jury trial, Defendant was convicted of kidnapping and murdering a fifteen-year-old girl. The Supreme Judicial Court affirmed, holding (1) the trial court did not err by admitting nonexpert opinion testimony regar...

State v. Simmons  
Date: April 5, 2016
Citation: 2016 ME 49
Docket Number: 2016 ME 49

Justia Opinion Summary: Defendant entered a conditional guilty plea to operating under the influence. Defendant appealed, arguing that the suppression court erred in denying his motion to suppress evidence obtained from the stop of his vehicle...

Freeman v. NewPage Corp.  
Date: March 31, 2016
Citation: 2016 ME 45
Docket Number: 2016 ME 45

Justia Opinion Summary: Brenda Freeman was injured in a work-related accident in 2007. Freeman returned to work but in a lower-paying position. Because of the decrease in her wages, Freeman received partial incapacity benefit payments. In 2011,...

State v. Hodsdon  
Date: March 31, 2016
Citation: 2016 ME 46
Docket Number: 2016 ME 46

Justia Opinion Summary: Appellant was charged with improperly accepting more than $109,003 in benefits from MaineCare by misrepresenting the composition of her household. After a jury-waived trial, Appellant was convicted of one count of theft...

State v. Morrison  
Date: March 31, 2016
Citation: 2016 ME 47
Docket Number: 2016 ME 47

Justia Opinion Summary: After a jury trial, Appellant was convicted of one count of gross sexual assault and three counts of endangering the welfare of a child. Appellant appealed, arguing that the trial court erred in excluding a licensed coun...

Darling's Auto Mall v. General Motors LLC  
Date: March 31, 2016
Citation: 2016 ME 48
Docket Number: 2016 ME 48

Justia Opinion Summary: Darling’s Auto Mall is a franchisee of General Motors LLC (GM) and and authorized dealer. Darling’s filed two small claims actions in district court alleging that it had been underpaid by GM for certain warranty repairs...

Montgomery v. Eaton Peabody, LLP  
Date: March 29, 2016
Citation: 2016 ME 44
Docket Number: 2016 ME 44

Justia Opinion Summary: This case arose from the revocation of a building permit previously granted to R. Bruce Montgomery and Wanda Haddock (collectively, Montgomery). Montgomery, represented by Judy A.S. Metcalf and William V. Ferdinand Jr. (...

Ehret v. Ehret  
Date: March 24, 2016
Citation: 2016 ME 43
Docket Number: 2016 ME 43

Justia Opinion Summary: In 2015, the district court entered a judgment of divorce and parental rights and responsibilities regarding the minor son of Husband and Wife. Husband appealed, arguing that the district court erred in determining his g...

State v. Retamozzo  
Date: March 22, 2016
Citation: 2016 ME 42
Docket Number: 2016 ME 42

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of criminal restraint by a parent. Defendant appealed, asserting that the trial court erred by failing to declare a mistrial sua sponte after Defendant’s mother t...

Murdock v. Thorne  
Date: March 10, 2016
Citation: 2016 ME 41
Docket Number: 2016 ME 41

Justia Opinion Summary: Arthur Murdock, then a lieutenant with the Maine State Police, was injured when his cruiser was struck by another vehicle after Martin Thorne indicated that Murdock could turn in front of him into an intersection. Murdoc...

Town of Carthage v. Friends of Maine's Mountains  
Date: March 8, 2016
Citation: 2016 ME 38
Docket Number: 2016 ME 38

Justia Opinion Summary: The Town of Carthage filed a complaint seeking to quiet title to two 160-acres parcels of undeveloped land and claiming that it owned the land based on its uninterrupted possession of the land for over a century. Friends...

State v. Hayes  
Date: March 8, 2016
Citation: 2016 ME 39
Docket Number: 2016 ME 39

Justia Opinion Summary: In 2008, Defendant pleaded guilty to theft, and in 2009, Defendant pleaded guilty to trafficking in a schedule Z drug. Defendant was ordered to pay fines in both cases. In 2014, Defendant was arrested for nonpayment of t...

State v. Poulin  
Date: March 8, 2016
Citation: 2016 ME 40
Docket Number: 2016 ME 40

Justia Opinion Summary: After a jury trial, Defendant was convicted of theft by unauthorized taking or transfer. Defendant appealed, arguing that the trial court erred in finding that the State had met its burden to demonstrate the corpus delic...

State v. Norris  
Date: March 3, 2016
Citation: 2016 ME 37
Docket Number: 2016 ME 37

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of murder for causing the death of her two-year-old daughter by giving her a large dose of Benadryl and then physically suffocating her. Defendant appealed, arguing that...

Gravison v. Fisher  
Date: March 1, 2016
Citation: 2016 ME 35
Docket Number: 2016 ME 35

Justia Opinion Summary: The beach easement dispute in this case concerned the intertidal area in front of oceanfront lots owned by Beverly and David Gravison, Sandra Titcomb, and Darlene and Lewis Edwards. The Gravisons filed a deed reformation...

State v. Nisbet  
Date: March 1, 2016
Citation: 2016 ME 36
Docket Number: 2016 ME 36

Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery. Defendant proceeded to trial without representation after the trial court determined that Defendant had forfeited his right to counsel after threatening to cause se...

Oceanic Inn, Inc. v. Sloan's Cove, LLC  
Date: February 23, 2016
Citation: 2016 ME 34
Docket Number: 2016 ME 34

Justia Opinion Summary: After Sloan’s Cove, LLC executed a power of sale foreclosure on Armand Vachon’s property, Vachon and Oceanic Inn, Inc. (collectively, Oceanic) filed suit claiming that Sloan’s Cove improperly conducted the sale. The tria...

State of Maine v. John E. Arndt (Errata)
Date: February 18, 2016
Citation: 2016 ME 31
State v. Arndt  
Date: February 18, 2016
Citation: 2016 ME 31
Docket Number: 2016 ME 31

Justia Opinion Summary: After a jury trial, Defendant was convicted of operating under the influence and violating a condition of release. Defendant was sentenced to a term of sevens days in county jail. On appeal, Defendant argued that the tri...

In re Hannah S. (Errata)
Date: February 18, 2016
Citation: 2016 ME 32
In re Hannah S.  
Date: February 18, 2016
Citation: 2016 ME 32
Docket Number: 2016 ME 32

Justia Opinion Summary: After Father’s one-year-old child was hospitalized for ingesting a strip of Suboxone while in Father’s care, Father was removed from the home pursuant to a Department of Health and Human Services safety plan. Father was...

Somerset County v. Department of Corrections (Errata)
Date: February 18, 2016
Citation: 2016 ME 33
Somerset County v. Dep’t of Corr.  
Date: February 18, 2016
Citation: 2016 ME 33
Docket Number: 2016 ME 33

Justia Opinion Summary: Somerset County receives income generated by boarding federal prisons at the Somerset County Jail (SCJ). That income is used to support the jail budget. During fiscal year 2013, the County received more federal boarding...

In re Dakota K. et al. (Errata)
Date: February 16, 2016
Citation: 2016 ME 30
In re Dakota K. et al.  
Date: February 16, 2016
Citation: 2016 ME 30
Docket Number: 2016 ME 30

Justia Opinion Summary: After a trial, the district court terminated the parental rights to Mother, the mother of Aiden and Benjamin, and Father, the father of Carl, Daryl, and Benjamin. On appeal, Father argued that the district court erred in...

Estate of Galipeau v. State Farm Mut. Auto. Ins. Co.  
Date: February 11, 2016
Citation: 2016 ME 28
Docket Number: 2016 ME 28

Justia Opinion Summary: Paul Galipeau was involved in a fatal accident while riding his motorcycle. Galipeau and his wife were insured under four vehicle policies issued by State farm, one on the motorcycle and the others covering three differe...

Guardianship of Kiara Lantigua et al. (Errata)
Date: February 11, 2016
Citation: 2016 ME 29
Guardianship of Kiara Lantigua et al.  
Date: February 11, 2016
Citation: 2016 ME 29
Docket Number: 2016 ME 29

Justia Opinion Summary: The two children at issue in this case lived with their grandmother both before and after their mother died. The grandmother filed petitions seeking guardianship of the children alleging that she was a de facto guardian...

Bryant v. Town of Camden  
Date: February 9, 2016
Citation: 2016 ME 27
Docket Number: 2016 ME 27

Justia Opinion Summary: In this case, the Supreme Court considered when a municipal agency’s decision constitutes a final action subject to immediate judicial review. The owner of the Camden Harbour Inn applied to the Town of Camden for authori...

State of Maine v. Christopher Sudsbury (Errata)
Date: February 4, 2016
Citation: 2016 ME 25
State v. Sudsbury  
Date: February 4, 2016
Citation: 2016 ME 25
Docket Number: 2016 ME 25

Justia Opinion Summary: Defendant was found guilty of aggravated trafficking of a schedule W drug, a Class A crime, for selling a single strip of Suboxone to a confidential informant. The trial court sentenced defendant to eight years in prison...

Fiduciary Trust Co. v. Wheeler  
Date: February 4, 2016
Citation: 2016 ME 26
Docket Number: 2016 ME 26

Justia Opinion Summary: Fiduciary Trust Co. filed a complaint to determine the proper method of distributing the principal of a trust of which Manchester H. Wheeler Jr. was a beneficiary. The superior court granted summary judgment in favor of...

State v. Robinson  
Date: February 2, 2016
Citation: 2016 ME 24
Docket Number: 2016 ME 24

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder. Defendant was sentenced to a term of fifty-five years in prison and ordered to pay restitution to the State Victims’ Compensation Fund. Defendant subsequently filed...

Lothrop v. Lothrop  
Date: January 28, 2016
Citation: 2016 ME 23
Docket Number: 2016 ME 23

Justia Opinion Summary: Doug Lothrop and Julie Lothrop were divorced in 2008. In 2014, Doug filed a motion to modify the divorce judgment pursuant to Me. Rev. Stat. 19-A, 951-A(12), requesting termination or reduction of his spousal support obl...

In re C.P.  
Date: January 26, 2016
Citation: 2016 ME 18
Docket Number: 2016 ME 18

Justia Opinion Summary: The Department of Health and Human Services petitioned for termination of Parents’ parental rights to their two minor children. After a hearing, the district court terminated both parents’ parental rights to the children...

Friedman v. Pub. Utils. Comm’n  
Date: January 26, 2016
Citation: 2016 ME 19
Docket Number: 2016 ME 19

Justia Opinion Summary: Ed Friedman, joined by others, filed a complaint raising issues regarding the health effects Central Maine Power Company’s (CMP) advanced metering infrastructure (AMI) system. After conducting an investigation, the Maine...

Bradbury v. City of Eastport  
Date: January 26, 2016
Citation: 2016 ME 20
Docket Number: 2016 ME 20

Justia Opinion Summary: In 2010, the City of Eastport learned that Husson University would no longer lease seventeen acres of publicly owned oceanfront property after the 2011-12 school year. In 2011, the City Council voted to accept an offer b...

Wechsler v. Simpson  
Date: January 26, 2016
Citation: 2016 ME 21
Docket Number: 2016 ME 21

Justia Opinion Summary: The district court appointed a referee to recommend a judgment in the divorce matter between John Simpson and Elena Wechsler. The referee filed a report making recommendations regarding custody issues and the division of...

State v. Lyon  
Date: January 26, 2016
Citation: 2016 ME 22
Docket Number: 2016 ME 22

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of Class B unlawful sexual contact and two counts of Class C unlawful sexual contact. Defendant appealed, arguing that his conviction on the Class B charge should...

Penkul v. Town of Lebanon  
Date: January 21, 2016
Citation: 2016 ME 16
Docket Number: 2016 ME 16

Justia Opinion Summary: Plaintiff applied for abatement of real property taxes that the Town of Lebanon assessed against her property for the tax years 2011 through 2013. The Town denied the application on the basis that the taxes had been paid...

U.S. Bank Nat’l Ass’n v. Curit  
Date: January 21, 2016
Citation: 2016 ME 17
Docket Number: 2016 ME 17

Justia Opinion Summary: Defendants defaulted on their mortgage, and U.S. Bank filed a complaint for foreclosure. Following the Supreme Judicial Court’s decision in Bank of America, N.A. v. Greenleaf, the Bank filed a motion to voluntarily dismi...

State v. Austin  
Date: January 19, 2016
Citation: 2016 ME 14
Docket Number: 2016 ME 14

Justia Opinion Summary: Defendant was convicted of failing to label an observation stand. Defendant appealed, arguing that the State was equitably estopped from prosecuting him because, when he purchased his hunting license, he was given a maga...

Dube v. Dube  
Date: January 19, 2016
Citation: 2016 ME 15
Docket Number: 2016 ME 15

Justia Opinion Summary: Kevin and Lisa Dube divorced pursuant to a final divorce judgment granting Lisa and Kevin shared parental rights and responsibilities of the parties’ daughter. Kevin appealed. The Supreme Court vacated the judgment as to...

Bank of New York v. Dyer  
Date: January 14, 2016
Citation: 2016 ME 10
Docket Number: 2016 ME 10

Justia Opinion Summary: John Dyer gave a promissory note and a mortgage on property securing the note to Countrywide Home Loans, Inc. The mortgage contained language naming Mortgage Electronic Registration Systems, Inc. (MERS) as lender’s nomin...

Warren Constr. Group, LLC v. Reis  
Date: January 14, 2016
Citation: 2016 ME 11
Docket Number: 2016 ME 11

Justia Opinion Summary: Plaintiff, a construction company, perfected a mechanic’s lien on Defendants’ property and filed a five-count complaint alleging that Defendants breached a contract with Plaintiff to renovate their house by failing to ma...

State v. Weaver  
Date: January 14, 2016
Citation: 2016 ME 12
Docket Number: 2016 ME 12

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated assault. Defendant appealed, arguing that a statement made by the prosecutor during closing argument constituted prosecutorial misconduct that deprived him of a f...

Hughes Bros., Inc. v. Town of Eddington  
Date: January 14, 2016
Citation: 2016 ME 13
Docket Number: 2016 ME 13

Justia Opinion Summary: Plaintiff filed a complaint against the Town of Eddington Planning Board and Board of Selectmen seeking declaratory and injunctive relief to prevent a public vote on a moratorium on quarries and a declaration that any mo...

Day v. Bd. of Envtl. Prot.  
Date: January 14, 2016
Citation: 2016 ME 7
Docket Number: 2016 ME 7

Justia Opinion Summary: Carol Reece applied for a coastal sand dune permit to create a vehicle access way to her property abutting a beach and to develop and lawn and walkway on the property. The Department of Environmental Protection granted t...

Hamlin v. Cavagnaro  
Date: January 14, 2016
Citation: 2016 ME 8
Docket Number: 2016 ME 8

Justia Opinion Summary: In 2009, Mother and Father were divorced pursuant to a judgment of divorce that awarded Mother primary residence of the couple’s children and provided Father eight weeks of visitation with the children per year. In 2013,...

State of Maine v. Charles R. Black (Errata)
Date: January 14, 2016
Citation: 2016 ME 9
State v. Black  
Date: January 14, 2016
Citation: 2016 ME 9
Docket Number: 2016 ME 9

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted murder and related crimes. Before trial, Defendant moved for a change of venue on the ground that the pretrial publicity surrounding the case was so prejudicial th...

In re G.T. et al. (Errata)
Date: January 12, 2016
Citation: 2016 ME 2
In re G.T.  
Date: January 12, 2016
Citation: 2016 ME 2
Docket Number: 2016 ME 2

Justia Opinion Summary: This appeal concerned the third petition brought by the Department of Health and Human Services to terminate the parental rights of Parents to their two sons. The court denied two prior petitions. After a hearing on the...

Dumas v. Milotte  
Date: January 12, 2016
Citation: 2016 ME 3
Docket Number: 2016 ME 3

Justia Opinion Summary: Father and Mother were the parents of a child born in 2012. In 2014, Father brought this action seeking a determination of their parental rights and responsibilities. After a hearing, the district court ordered Father to...

Hero v. Macomber  
Date: January 12, 2016
Citation: 2016 ME 4
Docket Number: 2016 ME 4

Justia Opinion Summary: In 2014, Husband and Wife were divorced pursuant to a divorce judgment that incorporated the terms of a mutual agreement between the properties. In 2015, Wife filed a motion to enforce a provision of the judgment requiri...

State v. Murphy  
Date: January 12, 2016
Citation: 2016 ME 5
Docket Number: 2016 ME 5

Justia Opinion Summary: After a jury trial, Defendant was convicted of domestic violence assault with prior convictions. Defendant appealed, arguing that there was insufficient evidence to convict him of domestic violence assault. Specifically,...

Samantha Ramelli v. Unemployment Insurance Commission (Errata)
Date: January 12, 2016
Citation: 2016 ME 6
Ramelli v. Unemployment Ins. Comm’n  
Date: January 12, 2016
Citation: 2016 ME 6
Docket Number: 2016 ME 6

Justia Opinion Summary: A Deputy of the Department of Labor, Bureau of Unemployment Compensation determined that Plaintiff had been overpaid $13,157 in unemployment insurance benefits and was required to reimburse the Bureau in that amount. Nea...

In re M.E.  
Date: January 7, 2016
Citation: 2016 ME 1
Docket Number: 2016 ME 1

Justia Opinion Summary: In 2014, the trial court terminated Father’s rights to his child after finding all four grounds of parental unfitness. Father moved for a new trial and to set aside the termination judgment. The trial court denied the mo...

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