Maine Supreme Judicial Court Decisions 2017

Keybank National Ass’n v. Estate of Eula W. Quint  
Date: December 21, 2017
Citation: 2017 ME 237
Docket Number: 2017 ME 237

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court in favor of Defendants on Bank’s complaint for a residential foreclosure, thus rejecting Bank’s allegations of error. On appeal, Bank argued that th...

In re Bentlee G.  
Date: December 21, 2017
Citation: 2017 ME 238
Docket Number: 2017 ME 238

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating parents’ parental rights to Bentlee G. pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii) and finding jeopardy as...

Snow v. Bernstein, Shur, Sawyer & Nelson, P.A.  
Date: December 21, 2017
Citation: 2017 ME 239
Docket Number: 2017 ME 239

Justia Opinion Summary: Maine attorneys must obtain a client’s informed consent regarding the scope and effect of any contractual provision that prospectively requires the client to submit malpractice claims against those attorneys to arbitrati...

Anctil v. Department of Corrections  
Date: December 19, 2017
Citation: 2017 ME 233
Docket Number: 2017 ME 233

Justia Opinion Summary: The Supreme Judicial Court vacated in part and affirmed in part the judgment of the superior court upholding redactions made by the Department of Corrections in certain documents it sent to Plaintiff pursuant to Plaintif...

Bryant v. Town of Wiscasset  
Date: December 19, 2017
Citation: 2017 ME 234
Docket Number: 2017 ME 234

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court affirming, pursuant to Me. R. Civ. P. 80B, the Town of Wiscasset Planning Board’s approval of Allen and Melissa Cohen’s application to expand a build...

State v. Champagne  
Date: December 19, 2017
Citation: 2017 ME 235
Docket Number: 2017 ME 235

Justia Opinion Summary: The Supreme Judicial Court remanded the judgment of the superior court permanently enjoining Ronald Champagne from, among other things, “threatening or using physical force or violence against any person by reason of tha...

In re Addilyn R.  
Date: December 19, 2017
Citation: 2017 ME 236
Docket Number: 2017 ME 236

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). On appeal, Mother argue...

In re Arturo G.  
Date: December 12, 2017
Citation: 2017 ME 228
Docket Number: 2017 ME 228

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Parents’ parental rights to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i),(ii) and, with respect to F...

Huff v. Regional Transportation Program  
Date: December 12, 2017
Citation: 2017 ME 229
Docket Number: 2017 ME 229

Justia Opinion Summary: The Supreme Judicial Court affirmed the decision of the Workers’ Compensation Board Appellate Division affirming the hearing officer’s decree denying Appellant’s petition for award. On appeal, Appellant claimed that he w...

Pushard v. Bank of America N.A.  
Date: December 12, 2017
Citation: 2017 ME 230
Docket Number: 2017 ME 230

Justia Opinion Summary: In this appeal arising from a foreclosure action, the Supreme Judicial Court vacated the judgment in favor of Bank on Plaintiffs’ claim for declaratory relief and remanded the case for entry of summary judgment in favor...

State v. Kibbe  
Date: December 12, 2017
Citation: 2017 ME 231
Docket Number: 2017 ME 231

Justia Opinion Summary: The evidence was insufficient to support the superior court’s revocation of Defendant’s probation. Defendant was sentenced to a term of years and probation after pleading guilty to gross sexual assault and unlawful sexu...

McLaughlin v. Emera Maine  
Date: December 12, 2017
Citation: 2017 ME 232
Docket Number: 2017 ME 232

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the business and consumer docket awarding Plaintiff $66,866 in damages in this action alleging that Plaintiff’s property had been damaged by Emera Maine agents while th...

In re Aiden J.  
Date: December 7, 2017
Citation: 2017 ME 221
Docket Number: 2017 ME 221

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her five children pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). The Supreme Jud...

In re Dominyk T.  
Date: December 7, 2017
Citation: 2017 ME 222
Docket Number: 2017 ME 222

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Parents’ parental rights to their child. The Supreme Judicial Court held (1) the Department of Health and Human Services satisfied its ob...

State v. Dubois Livestock, Inc.  
Date: December 7, 2017
Citation: 2017 ME 223
Docket Number: 2017 ME 223

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court granting the Department of Environmental Protection’s request for a permanent injunction prohibiting Dubois Livestock, Inc. and the Randrick Trust (c...

Dubois v. Department of Environmental Protection  
Date: December 7, 2017
Citation: 2017 ME 224
Docket Number: 2017 ME 224

Justia Opinion Summary: The Supreme Judicial Court vacated in part the judgment of the superior court affirming in part the Department of Environmental Protection’s partial denial of Appellants’ Freedom of Access Act (FOAA) request for public r...

Town of Eddington v. Emera Maine  
Date: December 7, 2017
Citation: 2017 ME 225
Docket Number: 2017 ME 225

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the State Board of Property Tax Review granting Emera Maine’s request for a property tax abatement for tax year 2012 pursuant to Me. Rev. Stat. 36, 841(1). Emera Maine...

In re Zianna G.  
Date: December 7, 2017
Citation: 2017 ME 226
Docket Number: 2017 ME 226

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her two children pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i), (b)(ii). Mother appea...

In re Alexavier G.  
Date: December 7, 2017
Citation: 2017 ME 227
Docket Number: 2017 ME 227

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her two children pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a), (1)(B)(2)(b)(i)-(ii), (iv). The Supreme Ju...

In re Adoption of Isabelle T.  
Date: November 30, 2017
Citation: 2017 ME 220
Docket Number: 2017 ME 220

Justia Opinion Summary: The Supreme Judicial Court vacated the judgment of the probate court terminating Father’s parental rights to his two daughters in anticipation of an adoption. The Supreme Judicial Court held that the probate court’s find...

State v. Martinelli  
Date: November 28, 2017
Citation: 2017 ME 217
Docket Number: 2017 ME 217

Justia Opinion Summary: The Supreme Judicial Court affirmed the order of the trial court denying Defendant’s motion to dismiss a complaint charging him with operating under the influence (OUI). In his motion to dismiss, Defendant argued that be...

Taylor v. Walker  
Date: November 28, 2017
Citation: 2017 ME 218
Docket Number: 2017 ME 218

Justia Opinion Summary: The Supreme Judicial Court vacated the order of the superior court, which vacated the district court’s order denying Mark Walker’s motion to set aside the default judgment in this small claims case. Because Walker appeal...

State v. White  
Date: November 28, 2017
Citation: 2017 ME 219
Docket Number: 2017 ME 219

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgments entered in two cases in the Unified Criminal Docket after a consolidated jury-waived trial. In the first case, the court found in favor of Defendant on the State’s compla...

State v. Salisbury  
Date: November 14, 2017
Citation: 2017 ME 215
Docket Number: 2017 ME 215

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of operating after suspension, operating without a license, and operating an unregistered vehicle. The convictions were entered by...

Miller v. Nery  
Date: November 14, 2017
Citation: 2017 ME 216
Docket Number: 2017 ME 216

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court modifying a divorce judgment to confer sole parental rights and responsibilities on Mother and impose conditions on Father’s contact with the parties...

In re Ryan G.  
Date: November 9, 2017
Citation: 2017 ME 214
Docket Number: 2017 ME 214

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court, holding that the court did not err or abuse its discretion in determining that termination of Parents’ parental rights to their child pursuant to Me...

In re Anastasia M.  
Date: November 2, 2017
Citation: 2017 ME 213
Docket Number: 2017 ME 213

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating her parental rights to her daughter pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a). Given the district court’s findings and the court’s other ext...

State v. Hall  
Date: October 31, 2017
Citation: 2017 ME 210
Docket Number: 2017 ME 210

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of two counts of criminal threatening with a dangerous weapon, following a two-day jury trial. Contrary to the arguments raised by...

In re Richard M.  
Date: October 31, 2017
Citation: 2017 ME 211
Docket Number: 2017 ME 211

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s and Mother’s parental rights to their son pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a), (B)(2)(b)(i)-(ii), (iv). The district...

In re Tyrel L.  
Date: October 31, 2017
Citation: 2017 ME 212
Docket Number: 2017 ME 212

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s parental rights pursuant to 22 Me. Rev. Stat. 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii), (iv). On appeal, Father argued that h...

In re Aliyah A.  
Date: October 24, 2017
Citation: 2017 ME 208
Docket Number: 2017 ME 208

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court finding, by a preponderance of the evidence, that the six children in this matter were in circumstances of jeopardy to their health or welfare if pl...

In re Danika B.  
Date: October 24, 2017
Citation: 2017 ME 209
Docket Number: 2017 ME 209

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her three children pursuant to Me. Rev. Stat. 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). On appeal, Mother...

State v. Roby  
Date: October 17, 2017
Citation: 2017 ME 207
Docket Number: 2017 ME 207

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of domestic violence assault after a jury trial. On appeal, Defendant argued that the trial court abused its discretion by not pres...

In re Damein F.  
Date: October 12, 2017
Citation: 2017 ME 205
Docket Number: 2017 ME 205

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s parental rights pursuant to Me. Rev. Sat. 22, 4055(1)(A)(1)(a) and (B)(2)(b)(i)-(ii). The court held (1) the evidence showed tha...

Matthew Eastwick v. Cate Street Capital, Inc. (Errata)
Date: October 12, 2017
Citation: 2017 ME 206
Eastwick v. Cate Street Capital, Inc.  
Date: October 12, 2017
Citation: 2017 ME 206
Docket Number: 2017 ME 206

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court granting Matthew Eastwick’s application to confirm an arbitration award and denying Cate Street Capital, Inc.’s competing motion to vacate that award...

State v. Biddeford Internet Corp.  
Date: October 10, 2017
Citation: 2017 ME 204
Docket Number: 2017 ME 204

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment entered in the Business and Consumer Docket awarding the State and ConnectME Authority $406,852 in unpaid fees pursuant to Me. Rev. Stat. 35-A, 9216, plus interests and co...

In re Braxton M.  
Date: October 5, 2017
Citation: 2017 ME 197
Docket Number: 2017 ME 197

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Parents to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii), (iv). Specifica...

In re Hope H.  
Date: October 5, 2017
Citation: 2017 ME 198
Docket Number: 2017 ME 198

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Mother and Father to their twin sons and the parental rights of Mother to her daughter pursuant to Me. Rev. Stat....

In re Landon S.  
Date: October 5, 2017
Citation: 2017 ME 199
Docket Number: 2017 ME 199

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her son pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii), (iv). The court held (1)...

In re Marcus E.  
Date: October 5, 2017
Citation: 2017 ME 200
Docket Number: 2017 ME 200

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). The district court foun...

In re Noah B.  
Date: October 5, 2017
Citation: 2017 ME 201
Docket Number: 2017 ME 201

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). The district court foun...

State v. Legassie  
Date: October 5, 2017
Citation: 2017 ME 202
Docket Number: 2017 ME 202

Justia Opinion Summary: A digital photograph transmitted over the internet is legally insufficient to constitute an “exposure” pursuant to Me. Rev. Stat. 17-A, 854(1)(B), which prohibits indecent conduct. Furthermore, Me. R. Evid. 1002, requiri...

In re Keegan M.  
Date: October 5, 2017
Citation: 2017 ME 203
Docket Number: 2017 ME 203

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Parents to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). The court held...

Fissmer v. Town of Cape Elizabeth  
Date: September 19, 2017
Citation: 2017 ME 195
Docket Number: 2017 ME 195

Justia Opinion Summary: The Supreme Judicial Court vacated the judgment of the superior court affirming a decision of the Cape Elizabeth Zoning Board of Appeals (ZBA), which determined that the Cape Elizabeth Code Enforcement Officer (CEO) had...

Teele v. West-Harper  
Date: September 19, 2017
Citation: 2017 ME 196
Docket Number: 2017 ME 196

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court granting Eric Teele’s motion to modify his child support obligation to his former wife but denying his request to be reimbursed for support he had pa...

Kline v. Burdin  
Date: September 14, 2017
Citation: 2017 ME 194
Docket Number: 2017 ME 194

Justia Opinion Summary: The Supreme Judicial Court dismissed Defendant’s appeal from a judgment of the district court adopting the order of a family law magistrate granting Mother’s motion to modify a child support order included in the divorce...

Chretien v. Chretien  
Date: September 12, 2017
Citation: 2017 ME 192
Docket Number: 2017 ME 192

Justia Opinion Summary: The district court erred by issuing an order for protection from abuse entered in the district court on a complaint filed by Susan Chretien because the court explicitly did not find that Russell Chretien had abused Susan...

Doane v. Department of Health & Human Services  
Date: September 12, 2017
Citation: 2017 ME 193
Docket Number: 2017 ME 193

Justia Opinion Summary: The Supreme Judicial Court vacated the judgment of the superior court concluding that a provider’s participation in MaineCare constitutes a “license,” the revocation of which invokes the district court jurisdiction. The...

Bruce Plante et al. v. Ronald P. Long (Errata)
Date: September 7, 2017
Citation: 2017 ME 189
Plante v. Long  
Date: September 7, 2017
Citation: 2017 ME 189
Docket Number: 2017 ME 189

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court in favor of Defendant on Plaintiffs’ defamation action. The trial court concluded that Plaintiffs failed to make the necessary prima facie showing th...

Federal National Mortgage Association v. Deschaine  
Date: September 7, 2017
Citation: 2017 ME 190
Docket Number: 2017 ME 190

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court concluding that the second foreclosure action filed by the Federal National Mortgage Association (Fannie Mae) against Patricia and Paul Deschaine was...

In re Robert M.A. Nadeau  
Date: September 7, 2017
Citation: 2017 ME 191
Docket Number: 2017 ME 191

Justia Opinion Summary: The Supreme Judicial Court denied Robert M.A. Nadeau’s motion for reconsideration of the court’s June 20, 2017 decision in this judicial disciplinary matter. In his motion, Nadeau argued that the sanctions imposed on him...

In re George Parsons 1907 Trust  
Date: September 5, 2017
Citation: 2017 ME 188
Docket Number: 2017 ME 188

Justia Opinion Summary: The Supreme Judicial Court vacated the summary judgment entered by the probate court in favor of David Gourevitch, a qualified beneficiary of a 1907 trust, on Gourevitch’s complaint for a declaratory judgment that Maxwel...

Allocca. v. York Insurance Company of Maine  
Date: August 29, 2017
Citation: 2017 ME 186
Docket Number: 2017 ME 186

Justia Opinion Summary: Parents Theresa Allocca and Timothy Allen Davison, filed this action in their individual capacities, and Davison also filed as personal representative of the Estate of Timothy "Asti" Davison. Asti was fatally shot while...

In re Emma B.  
Date: August 29, 2017
Citation: 2017 ME 187
Docket Number: 2017 ME 187

Justia Opinion Summary: Father lived the child and her mother, outside of Maine, until 2008, when the child was about six months old. After that time, he maintained regular contact with the child, who resided primarily in New York, but was neve...

In re Evelyn A. et al. (Errata)
Date: August 22, 2017
Citation: 2017 ME 182
In re Evelyn A.  
Date: August 22, 2017
Citation: 2017 ME 182
Docket Number: 2017 ME 182

Justia Opinion Summary: Evelyn and Elijah, twins, were born to parents who had previously been found guilty of manslaughter. The twins went from the hospital into foster care. The district court later terminated both parents’ parental rights to...

State v. Palmer  
Date: August 22, 2017
Citation: 2017 ME 183
Docket Number: 2017 ME 183

Justia Opinion Summary: The Supreme Judicial Court affirmed the adjudications entered by the trial court after a consolidated nonjury trial that found that Defendant committed the traffic infraction of “failure to maintain control of a motor ve...

State v. Souther  
Date: August 22, 2017
Citation: 2017 ME 184
Docket Number: 2017 ME 184

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of operating under the influence. On appeal, Defendant argued that the court abused its discretion by excluding Defendant’s propose...

State v. Turner  
Date: August 22, 2017
Citation: 2017 ME 185
Docket Number: 2017 ME 185

Justia Opinion Summary: Defendant appealed his conviction, entered after a jury trial, of operating under the influence. Defendant was stopped by a Winslow police officer after he drove his car over a sidewalk median in Waterville. Defendant ar...

State v. Rupert  
Date: August 17, 2017
Citation: 2017 ME 181
Docket Number: 2017 ME 181

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court, rendered after a nonjury trial, that adjudicated Defendant of having committed two traffic infractions. On appeal, Defendant argued that the distric...

Enhanced Communications of Northern New England, Inc. v. Public Utilities Commission  
Date: August 15, 2017
Citation: 2017 ME 178
Docket Number: 2017 ME 178

Justia Opinion Summary: The Supreme Judicial Court affirmed an order of the Public Utilities Commission granting in part and denying in part a petition for a certificate of public convenience and necessity (CPCN) to operate as a competitive loc...

Estate of Paul F. Treworgy v. Commissioner, Department of Health & Human Services  
Date: August 15, 2017
Citation: 2017 ME 179
Docket Number: 2017 ME 179

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court dismissing Plaintiffs’ constitutional and statutory claims against the Commissioner of the Department of Health and Human Services and two Department...

State v. Simons  
Date: August 15, 2017
Citation: 2017 ME 180
Docket Number: 2017 ME 180

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of operating under the influence. The court held (1) the trial court did not err when it denied Defendant’s motion to suppress evid...

Salley v. State  
Date: August 8, 2017
Citation: 2017 ME 176
Docket Number: 2017 ME 176

Justia Opinion Summary: The Supreme Judicial Court vacated the judgment of the trial court denying Appellant’s petition for postconviction relief on the grounds of ineffective assistance of counsel. Appellant was found guilty of gross sexual as...

Appletree Cottage, LLC v. Town of Cape Elizabeth  
Date: August 8, 2017
Citation: 2017 ME 177
Docket Number: 2017 ME 177

Justia Opinion Summary: The Supreme Judicial Court vacated the judgment of the superior court affirming the Cape Elizabeth Code Enforcement Officer’s (CEO) issuance of a building permit, holding that the CEO’s decision granting the permit lacke...

State v. Michaud  
Date: August 1, 2017
Citation: 2017 ME 170
Docket Number: 2017 ME 170

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the trial court after a jury found Defendant guilty of two counts of aggravated assault and two counts of aggravated driving to endanger. On appeal, Defendant argued th...

Harper v. Harper  
Date: August 1, 2017
Citation: 2017 ME 171
Docket Number: 2017 ME 171

Justia Opinion Summary: The Supreme Judicial Court affirmed a judgment entered in the business and consumer docket partially denying Timothy Harper’s motion to reconsider and amend a previously-entered divorce judgment distributing his and Sher...

In re Joseph V.  
Date: August 1, 2017
Citation: 2017 ME 172
Docket Number: 2017 ME 172

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Mother and Father to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(b)(i)-(ii). The court...

State v. McNaughton  
Date: August 1, 2017
Citation: 2017 ME 173
Docket Number: 2017 ME 173

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of conviction entered in the trial court after a jury found Defendant guilty of intentional or knowing or depraved indifference murder and hindering apprehension or prosec...

In re Myra B.  
Date: August 1, 2017
Citation: 2017 ME 174
Docket Number: 2017 ME 174

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Mother and Father pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i), (b)(ii). Specifically, th...

In re Estate of John W. Gilbert  
Date: August 1, 2017
Citation: 2017 ME 175
Docket Number: 2017 ME 175

Justia Opinion Summary: The Supreme Judicial Court vacated the judgment of the probate court approving, with a modification, the report of a referee for the distribution of the Estate of John W. Gilbert. Judith Gilbert, individually and as pers...

In re Bradyn B.  
Date: July 27, 2017
Citation: 2017 ME 168
Docket Number: 2017 ME 168

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment entered by the district court terminating Mother’s and Father’s parental rights to their child pursuant to 22 Me. Rev. Stat. 4055(1)(A)(1)(a) and (B)(2). The court held (1...

State v. Proia  
Date: July 27, 2017
Citation: 2017 ME 169
Docket Number: 2017 ME 169

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment entered in the trial court convicting Defendant of several charges, including crimes of violence. After a jury-waived trial, Defendant was convicted of multiple charges...

State v. Murphy  
Date: July 25, 2017
Citation: 2017 ME 165
Docket Number: 2017 ME 165

Justia Opinion Summary: Defendant was twice convicted of cruelty to animals and ordered never to possess animals again. However, when Defendant was released from the prison sentence imposed after her second conviction, Defendant acquired a vari...

Kelley v. North East Insurance Co.  
Date: July 25, 2017
Citation: 2017 ME 166
Docket Number: 2017 ME 166

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court granting summary judgment in favor of North East Insurance Company on the reach and apply action Richardie Kelley brought pursuant to Me. Rev. Stat....

Legrand v. York County Judge of Probate  
Date: July 25, 2017
Citation: 2017 ME 167
Docket Number: 2017 ME 167

Justia Opinion Summary: In this class action, the Supreme Judicial Court affirmed the judgment of the superior court declining to grant declaratory and injunctive relief from alleged violations of constitutional rights arising from the York Cou...

Bailey v. City of Lewiston  
Date: July 20, 2017
Citation: 2017 ME 160
Docket Number: 2017 ME 160

Justia Opinion Summary: In 2004, Michael Bailey began to receive partial incapacity benefits stemming from a workplace injury. In 2007, a hearing officer found that Bailey had reached maximum medical improvement (MMI) and that he had sustained...

Carnicella v. Mercy Hospital  
Date: July 20, 2017
Citation: 2017 ME 161
Docket Number: 2017 ME 161

Justia Opinion Summary: Plaintiff, a registered nurse, filed a complaint alleging that Mercy Hospital discriminated against her in violation of the Maine Human Rights Act (MHRA) by terminating her employment because of her alleged disability an...

Philbrook v. State  
Date: July 20, 2017
Citation: 2017 ME 162
Docket Number: 2017 ME 162

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the postconviction court denying Defendant’s petition for postconviction review seeking relief from a judgment convicting Defendant of theft by misapplication of proper...

Greif v. Town of Bar Harbor  
Date: July 20, 2017
Citation: 2017 ME 163
Docket Number: 2017 ME 163

Justia Opinion Summary: Arthur Grief, a Bar Harbor resident, sent a letter to the Bar Harbor Town Council detailing allegations of misconduct by two of the Town’s councilors. Grief urged the Town Council to convene an investigatory hearing to d...

In re Ryder C.  
Date: July 20, 2017
Citation: 2017 ME 164
Docket Number: 2017 ME 164

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Mother and Father to their minor child. After a hearing, the district court found by clear and convincing evidence...

State of Maine v. Wade R. Hoover (Errata)
Date: July 18, 2017
Citation: 2017 ME 158
State v. Hoover  
Date: July 18, 2017
Citation: 2017 ME 158
Docket Number: 2017 ME 158

Justia Opinion Summary: The Supreme Judicial Court affirmed Defendant’s sentences totaling sixty years following Defendant’s guilty plea to four counts of gross sexual assault. This was Defendant’s second appeal arising out of the events that l...

In re Zoey H. (Errata)
Date: July 18, 2017
Citation: 2017 ME 159
In re Zoey H.  
Date: July 18, 2017
Citation: 2017 ME 159
Docket Number: 2017 ME 159

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child. Contrary to Mother’s contentions, the court held (1) Mother was not deprived of due process becaus...

Haskell v. Bragg  
Date: July 13, 2017
Citation: 2017 ME 154
Docket Number: 2017 ME 154

Justia Opinion Summary: Dawn Haskell and Martin Witham (together, Plaintiffs) filed a complaint against Grover Bragg and Donald York (together, Defendants), asserting a claim for negligence against Defendants. Bragg did not timely file an answe...

Miller v. Miller  
Date: July 13, 2017
Citation: 2017 ME 155
Docket Number: 2017 ME 155

Justia Opinion Summary: Alan Miller, acting “individually and in the right of” and for the benefit of SAM Miller, Inc. (SMI), filed a second amended complaint against Miller’s Lobster Company, Inc. (MLC), Steve Miller, and Mark Miller (collecti...

Whittet v. Whittet  
Date: July 13, 2017
Citation: 2017 ME 156
Docket Number: 2017 ME 156

Justia Opinion Summary: Rowland Whittet appealed from a superior court judgment granting a permanent injunction and authorizing a special master to proceed with the sale of a parcel of real estate. In this appeal, Daniel Whittet filed a motion...

In re Haylie W.  
Date: July 13, 2017
Citation: 2017 ME 157
Docket Number: 2017 ME 157

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her two minor children. On appeal, Mother challenged the sufficiency of the evidence supporting the court’s f...

In re: Dominic B.  
Date: July 11, 2017
Citation: 2017 ME 149
Docket Number: 2017 ME 149

Justia Opinion Summary: The court terminated mother’s parental rights, 22 M.R.S. 4055(1)(A),(B), finding that she is unfit to parent the children because she has abandoned them, she is unwilling and unable to protect them from jeopardy and thes...

Kevin R. Hall v. Camden Hills Farm by the Sea, LLC (Errata)
Date: July 11, 2017
Citation: 2017 ME 150
Hall v. Camden Hills Farm by the Sea, LLC  
Date: July 11, 2017
Citation: 2017 ME 150
Docket Number: 2017 ME 150

Justia Opinion Summary: Hall filed a foreclosure claim against Camden Hills on two sets of notes and mortgages on Camden residential property. By a May 2014 judgment, the Knox County Superior Court denied Hall’s claim, concluding that Hall had...

In re: Mathew H.  
Date: July 11, 2017
Citation: 2017 ME 151
Docket Number: 2017 ME 151

Justia Opinion Summary: The district court terminated father’s parental rights, 22 M.R.S. 4055(1)(B)(2), finding, by clear and convincing evidence that he is unfit; that termination of his parental rights was in the children’s best interest; an...

Roque Island Gardner Homestead Corp. v. Town of Jonesport  
Date: July 11, 2017
Citation: 2017 ME 152
Docket Number: 2017 ME152

Justia Opinion Summary: RIHC, a Maine nonprofit entity, owns Roque Island, 1,242 acres of land, with five houses and numerous outbuildings. Roque Island is a homestead that has been owned by the same family since the early 1800s. In 2010, Jones...

Beauchene v. State of Maine  
Date: July 11, 2017
Citation: 2017 ME 153
Docket Number: 2017 ME 153

Justia Opinion Summary: In 1970, Beauchene was acquitted of a murder charge by reason of mental disease or defect and was committed to the custody of the Department of Health and Human Services, where he remains committed pursuant to 15 M.R.S....

Beckerman v. Conant  
Date: July 6, 2017
Citation: 2017 ME 142
Docket Number: 2017 ME 142

Justia Opinion Summary: The superior court did not err in finding that Peter Beckerman had a deeded right-of-way over property owned by Ricky and Monica Conant and that the right-of-way was located over the Conants’ paved driveway. The Supreme...

State v. Cummings  
Date: July 6, 2017
Citation: 2017 ME 143
Docket Number: 2017 ME 143

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of murder, burglary of a dwelling, and theft. The judgment of conviction was entered after a trial in which the State presented the...

Mills v. Fleming  
Date: July 6, 2017
Citation: 2017 ME 144
Docket Number: 2017 ME 144

Justia Opinion Summary: Mother appealed from a judgment of divorce entered in the district court, arguing that the provision requiring each parent to transport, or allow the other parent to transport, the parties’ children to extracurricular ac...

MTGLQ Investors, L.P. v. Alley  
Date: July 6, 2017
Citation: 2017 ME 145
Docket Number: 2017 ME 145

Justia Opinion Summary: Linda Shelley executed a note in favor of First Magnus Financial Corporation. On the same day, Linda and John Shelley executed a mortgage on certain property as security for the loan. The note was endorsed in blank and w...

Neri v. Heilig  
Date: July 6, 2017
Citation: 2017 ME 146
Docket Number: 2017 ME 146

Justia Opinion Summary: Kimberly Heilig appealed from a judgment of the district court divorcing her from Ernest Neri, dividing the parties’ assets, ordering Neri to pay Heilig’s spousal support for three years, and ordering Neri to pay $2,000...

Estate of Jack R. Pirozzolo v. Department of Marine Resources  
Date: July 6, 2017
Citation: 2017 ME 147
Docket Number: 2017 ME 147

Justia Opinion Summary: Certain property owners in the vicinity of a proposed lease site (“the Neighbors”) brought a Me. R. Civ. P. 80C appeal from a judgment of the superior court that affirmed in part and vacated in part a decision of the Dep...

State v. Viles  
Date: July 6, 2017
Citation: 2017 ME 148
Docket Number: 2017 ME 148

Justia Opinion Summary: The Supreme Judicial Court affirmed Defendant’s convictions, entered after a jury trial, for one count of theft by unauthorized taking or transfer, eleven counts of failure to pay tax or file a Maine State tax return, an...

Portfolio Recovery Associates, LLC v. Bickford  
Date: June 29, 2017
Citation: 2017 ME 140
Docket Number: 2017 ME 140

Justia Opinion Summary: The district court did not err in finding that Portfolio Recovery Associates, LLC (PRA) had met its burden of proof and by admitting PRA’s exhibits into evidence. The district court entered judgment in a small claims pro...

Wallace v. State Farm Mutual Automobile Insurance Co.  
Date: June 29, 2017
Citation: 2017 ME 141
Docket Number: 2017 ME 141

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court finding that the tortfeasor who injured Appellants in a motor vehicle accident was not an underinsured driver pursuant to Maine’s underinsured motori...

In re Carol A. Boardman (Errata)
Date: June 27, 2017
Citation: 2017 ME 131
In re Carol A. Boardman  
Date: June 27, 2017
Citation: 2017 ME 131
Docket Number: 2017 ME 131

Justia Opinion Summary: The Supreme Judicial Court vacated the judgment of the probate court denying Carol A. Boardman’s petition for a name change, holding that a person’s potential misunderstanding of another person’s marital status, without...

Dupuis v. Ellingwood  
Date: June 27, 2017
Citation: 2017 ME 132
Docket Number: 2017 ME 132

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court declaring the ownership of and easement rights to certain property on Plaintiff’s complaint against Defendants. Plaintiff sought a declaratory judgme...

In re Gabriel W.  
Date: June 27, 2017
Citation: 2017 ME 133
Docket Number: 2017 ME 133

Justia Opinion Summary: The district court did not err in terminating Parents’ parental rights to their child pursuant to Me. Rev. Stat. 22, 4055(1)(B)(2). Specifically, the Supreme Judicial Court held that the district court’s factual findings...

In re Kaliyah B.  
Date: June 27, 2017
Citation: 2017 ME 134
Docket Number: 2017 ME 134

Justia Opinion Summary: The district court did not err in finding jeopardy as to both Mother and Father and ordering that Child be placed in the custody of the Department of Health and Human Services pursuant to Me. Rev. Stat. 22, 4036(1)(F). T...

In re Kaylianna C.  
Date: June 27, 2017
Citation: 2017 ME 135
Docket Number: 2017 ME 135

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s parental rights to Child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2) and the denial of Father’s motion for a new...

Arthur Murdock v. Martin Thorne et al. (Errata)
Date: June 27, 2017
Citation: 2017 ME 136
Murdock v. Thorne  
Date: June 27, 2017
Citation: 2017 ME 136
Docket Number: 2017 ME 136

Justia Opinion Summary: Arthur Murdock, a police officer, was attempting to cut across two eastbound lanes of traffic and into a parking lot when his police cruiser was struck by another vehicle traveling in the outside eastbound lane from behi...

In re Skyler F.  
Date: June 27, 2017
Citation: 2017 ME 137
Docket Number: 2017 ME 137

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to Skyler, Rosalee, and Austin, and Father’s parental rights to Rosalee and Austin pursuant to Me. Rev. Stat. 22...

Goodwill v. Beaulieu  
Date: June 27, 2017
Citation: 2017 ME 138
Docket Number: 2017 ME 138

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court finding Brian Beaulieu Jr. liable to Greg and Victoria Goodwill for having made fraudulent and negligent misrepresentations about certain amenities i...

Gessner v. State  
Date: June 27, 2017
Citation: 2017 ME 139
Docket Number: 2017 ME 139

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court denying Mark Gessner’s petition for release from the Riverview Psychiatric Center. On appeal, Gessner argued that the statute governing his opportuni...

Acadia Resources, Inc. v. VMS, LLC  
Date: June 22, 2017
Citation: 2017 ME 126
Docket Number: 2017 ME 126

Justia Opinion Summary: The Supreme Judicial Court vacated the judgment of the district court dismissing Plaintiff’s fraudulent transfer complaint as having been filed outside the applicable statute of limitations, holding that the court should...

Chamberlain v. Harriman  
Date: June 22, 2017
Citation: 2017 ME 127
Docket Number: 2017 ME 127

Justia Opinion Summary: At issue in this appeal were two judgments of the district court. The first judgment clarified that a divorce judgment required Appellant to pay $50,000 plus post-judgment interest to Appellee and ordered that a writ of...

Homeward Residential, Inc. v. Gregor  
Date: June 22, 2017
Citation: 2017 ME 128
Docket Number: 2017 ME 128

Justia Opinion Summary: The Supreme Judicial Court affirmed a judgment entered in the district court ordering Plaintiff to pay Defendant’s legal fees and costs after dismissal of Plaintiff’s foreclosure action against Defendant with prejudice....

In re Lacie G.  
Date: June 22, 2017
Citation: 2017 ME 129
Docket Number: 2017 ME 129

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgments of the district court terminating Mother’s parental rights to Lacie G. and Tyler S. pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a), (B)(2). Specifically, the court held...

In re Mackenzie P.  
Date: June 22, 2017
Citation: 2017 ME 130
Docket Number: 2017 ME 130

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgments of the district court terminating Mother’s parental rights to her children, Mackenzie P. and Antonio P. pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1), (B)(2)(a), (b)(i)-(i...

In re Robert M.A. Nadeau  
Date: June 20, 2017
Citation: 2017 ME 121
Docket Number: 2017 ME 121

Justia Opinion Summary: The Supreme Judicial Court ordered that former York County Probate Judge Robert M.A. Nadeau forfeit $5,000 and be suspended from the practice of law in Maine for two years for violations of Canons 2(A), 2(B), and 3()(4)...

State v. Hodgdon  
Date: June 20, 2017
Citation: 2017 ME 122
Docket Number: 2017 ME 122

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of conviction finding Defendant guilty of one count each of gross sexual assault, unlawful sexual contact, and sexual abuse of a minor following a jury trial. The court he...

State v. Seamon  
Date: June 20, 2017
Citation: 2017 ME 123
Docket Number: 2017 ME 123

Justia Opinion Summary: Defendant appealed his conviction of unlawful sexual contact, his sentence, and the trial court’s instruction that Defendant register as a Tier III registrant pursuant to the Sex Offender Registration and Notification Ac...

Black v. Black  
Date: June 20, 2017
Citation: 2017 ME 124
Docket Number: 2017 ME 124

Justia Opinion Summary: James Black appealed an order of the district court denying Dorothy Black’s motion for contempt but nonetheless ordering James to pay Dorothy a sum that the court determined he owed her pursuant to the parties’ divorce j...

In re Guardianship & Conservatorship of Jones  
Date: June 20, 2017
Citation: 2017 ME 125
Docket Number: 2017 ME 125

Justia Opinion Summary: Plaintiff, conservator and guardian for his son Vincent Jones, and Plaintiff’s counsel (Attorney) appealed from two orders issued by the probate court that (1) dissolved and replaced a supplemental needs trust that had b...

State Tax Assessor v. MCI Communications Services, Inc.  
Date: June 15, 2017
Citation: 2017 ME 119
Docket Number: 2017 ME 119

Justia Opinion Summary: Maine Revenue Services (MRS) assessed MCI Communications Services, Inc. (MCI) $184,873.69 for two types of surcharges - property tax recovery charges (PTRCs) and carrier cost recovery charges (CCRCs) - that MCI imposed u...

State v. Flores-Montecinos  
Date: June 15, 2017
Citation: 2017 ME 120
Docket Number: 2017 ME 120

Justia Opinion Summary: After a jury trial, Defendant was convicted of theft by unauthorized taking or transfer. On appeal, Defendant challenged the constitutionality of Me. Rev. Stat. 17-A, 361-A(2), which creates a permissible inference that...

Knoblach v. Morris  
Date: June 8, 2017
Citation: 2017 ME 116
Docket Number: 2017 ME 116

Justia Opinion Summary: The district court found John Knoblach in contempt for failing to pay spousal support to Stacylee Morris as required by the parties’ divorce decree and imposed a period of incarceration unless Knoblach paid the arrearage...

Quinty v. Johnson  
Date: June 8, 2017
Citation: 2017 ME 117
Docket Number: 2017 ME 117

Justia Opinion Summary: Kimberly Quinty filed a motion to extend the spousal support provision of the divorce judgment granting a divorce to her and Steven Johnson. The district court granted Steven’s motion to dismiss Kimberly’s motion, conclu...

In re Estate of Peter A. Turcic Sr.  
Date: June 8, 2017
Citation: 2017 ME 118
Docket Number: 2017 ME 118

Justia Opinion Summary: In 2013, Peter Turcic Sr. died intestate. Peter was survived by his daughter, Patricia Turcic, and his son, Peter Turcic Jr. Patricia was appointed as personal representative of Peter Sr.’s estate. Thereafter, the probat...

Balano v. Town of Kittery  
Date: June 6, 2017
Citation: 2017 ME 110
Docket Number: 2017 ME 110

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court affirming the Town of Kittery Planning Board’s approval of a site plan application for development of a hotel on Route 1. The court held (1) the Boar...

Bernsten v. Berntsen  
Date: June 6, 2017
Citation: 2017 ME 111
Docket Number: 2017 ME 111

Justia Opinion Summary: Wife appealed from the judgment of divorce from Husband entered in the district court. The Supreme Judicial Court affirmed, holding that the district court did not err or abuse its discretion (1) by limiting Wife’s finan...

State v. Jacob L.  
Date: June 6, 2017
Citation: 2017 ME 112
Docket Number: 2017 ME 112

Justia Opinion Summary: Following entry of a judgment adjudicating Jacob L. of the juvenile crime of aggravated assault, the juvenile court entered an order denying Jacob’s motion for return of property. Jacob appealed, arguing that the juvenil...

Johnson v. Crane  
Date: June 6, 2017
Citation: 2017 ME 113
Docket Number: 2017 ME 113

Justia Opinion Summary: Plaintiffs filed a complaint against Defendant alleging tortious interference with an expected inheritance and breach of contract. The superior court granted Defendant’s motion to dismiss pursuant to Me. R. Civ. P. 12(b)...

Wolfram v. Town of North Haven  
Date: June 6, 2017
Citation: 2017 ME 114
Docket Number: 2017 ME 114

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the superior court affirming a decision of the Town of North Haven Board of Appeals that upheld a permit issued by the Town of North Haven Planning Board to Nebo Lodge,...

Lentz v. Lentz  
Date: June 1, 2017
Citation: 2017 ME 107
Docket Number: 2017 ME 107

Justia Opinion Summary: In this divorce case, the Supreme Judicial Court affirmed the judgment of the motion court, holding that the court did not abuse its discretion when it sanctioned Husband for disregarding his discovery obligations. Wife...

State v. Williamson  
Date: June 1, 2017
Citation: 2017 ME 108
Docket Number: 2017 ME 108

Justia Opinion Summary: Appellant appealed from a judgment of conviction after a jury found him guilty of operating under the influence and criminal mischief, arguing that the trial court abused its discretion by admitting an Intoxilyzer test r...

Conservation Law Foundation v. Public Utilities Commission  
Date: June 1, 2017
Citation: 2017 ME 109
Docket Number: 2017 ME 109

Justia Opinion Summary: The Supreme Judicial Court affirmed the order of the Maine Public Utilities Commission approving a stipulation regarding Efficiency Maine Trust’s Third Triennial Plan for energy efficiency, holding that the Commission di...

XPress Natural Gas, LLC v. Woodland Pulp, LLC  
Date: May 30, 2017
Citation: 2017 ME 106
Docket Number: 2017 ME 106

Justia Opinion Summary: In this dispute concerning the rights and obligations of Appellants pursuant to a pipeline capacity agreement they had with Appellee, the Supreme Judicial Court affirmed the judgment of the business and consumer docket d...

State v. Blier  
Date: May 25, 2017
Citation: 2017 ME 103
Docket Number: 2017 ME 103

Justia Opinion Summary: The district court granted Defendant’s motion to suppress evidence that resulted in a criminal complaint charging Defendant with operating under the influence, concluding that a police officer violated the Fourth Amendme...

State v. Marquis  
Date: May 25, 2017
Citation: 2017 ME 104
Docket Number: 2017 ME 104

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of murder following a jury trial. Defendant argued that the trial court erred in admitting text messages found in the victim’s cell...

Wells Fargo Bank, N.A. v. Welch-Gallant  
Date: May 25, 2017
Citation: 2017 ME 105
Docket Number: 2017 ME 105

Justia Opinion Summary: Wells Fargo appealed from the district court’s judgment dismissing its foreclosure complaint against Defendant as a sanction for pretrial misconduct. After a nontestimonial hearing, the court ordered the action dismissed...

Opinion of the Justices
Date: May 23, 2017
Citation: 2017 ME 100
Nicky Pyle v. Robert Pyle (Errata)
Date: May 23, 2017
Citation: 2017 ME 101
Pyle v. Pyle
Date: May 23, 2017
Citation: 2017 ME 101
Docket Number: 2017 ME 101
State v. Mariner  
Date: May 23, 2017
Citation: 2017 ME 102
Docket Number: 2017 ME 102

Justia Opinion Summary: The Supreme Judicial Court vacated an order entered by the trial court suppressing evidence seized from Defendant, his vehicle, and his residence after the court concluded that the warrant authorizing the search and seiz...

In re Paige L.  
Date: May 18, 2017
Citation: 2017 ME 97
Docket Number: 2017 ME 97

Justia Opinion Summary: At issue here was the application of Me. Rev. Stat. 22, 4036(1-A) to preexisting parental rights orders. Section 4036(1-A) authorizes a court that has made a finding of jeopardy in a title 22 child protection proceeding...

Sands v. Thomas  
Date: May 18, 2017
Citation: 2017 ME 98
Docket Number: 2017 ME 98

Justia Opinion Summary: Appellant appealed from the superior court’s post-judgment order awarding her attorney fees in the amount of $8,000 after a jury found Appellee liable for illegal eviction and wrongful use of civil proceedings. Appellant...

Desjardins v. Reynolds  
Date: May 18, 2017
Citation: 2017 ME 99
Docket Number: 2017 ME 99

Justia Opinion Summary: After this case was returned from the federal courts to a Florida superior court’s jurisdiction, only Plaintiff’s claims for defamation and false light invasion of privacy remained. Plaintiff, a town official for the Tow...

In re Kayleigh P.  
Date: May 16, 2017
Citation: 2017 ME 96
Docket Number: 2017 ME 96

Justia Opinion Summary: The Maine Supreme Judicial Court upheld the termination of father’s parental rights, 22 M.R.S. 4055(1)(B)(2) as in the best interests of the children. The lower court found by clear and convincing evidence that Father w...

State v. Pillsbury  
Date: May 11, 2017
Citation: 2017 ME 92
Docket Number: 2017 ME 92

Justia Opinion Summary: The Supreme Judicial Court affirmed Defendant’s conviction for one count of intentional or knowing or depraved indifference murder following a jury trial. On appeal, Defendant argued that the trial court abused its discr...

In re Mya E.  
Date: May 11, 2017
Citation: 2017 ME 93
Docket Number: 2017 ME 93

Justia Opinion Summary: Mother appealed from a judgment of the district court terminating her parental rights to her child. Mother’s parental rights were terminated largely due to her chronic substance abuse and mental health issues. The Suprem...

Williams v. Williams  
Date: May 11, 2017
Citation: 2017 ME 94
Docket Number: 2017 ME 94

Justia Opinion Summary: Donald Williams appealed a divorce judgment dissolving his marriage to Linda Williams. During the pendency of the appeal, Linda withdrew $8,100 in interim spousal support payments from the escrow account, which had been...

Wayne Knope et al. v. Green Tree Servicing, LLC (Errata)
Date: May 11, 2017
Citation: 2017 ME 95
Knope v. Green Tree Servicing, LLC  
Date: May 11, 2017
Citation: 2017 ME 95
Docket Number: 2017 ME 95

Justia Opinion Summary: The superior court determined that Appellants were liable for certain charges beyond undisputed amounts of principal and interest owed pursuant to a promissory note owned by Appellee. The note had been secured by a mortg...

In re Tacoma M. (Errata)
Date: May 9, 2017
Citation: 2017 ME 85
In re Tacoma M.  
Date: May 9, 2017
Citation: 2017 ME 85
Docket Number: 2017 ME 85

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (1)(B)(2). Specifically, the Court held (1) the...

Norman Gaudette v. Terry M. Davis (Errata)
Date: May 9, 2017
Citation: 2017 ME 86
Gaudette v. Davis  
Date: May 9, 2017
Citation: 2017 ME 86
Docket Number: 2017 ME 86

Justia Opinion Summary: In this appeal, the Supreme Judicial Court clarified the process for the handling of special motions to dismiss on anti-SLAPP grounds to require fact-finding by an evidentiary hearing. At the hearing it is the plaintiff’...

Gaudette v. Mainely Media, LLC  
Date: May 9, 2017
Citation: 2017 ME 87
Docket Number: 2017 ME 87

Justia Opinion Summary: At issue before the Supreme Judicial Court in this case was whether Mainely Media, LLC’s publication of newspaper articles constituted “petitioning activity” within the meaning of Maine’s anti-SLAPP statute. The Supreme...

In re Mariah Y.  
Date: May 9, 2017
Citation: 2017 ME 88
Docket Number: 2017 ME 88

Justia Opinion Summary: The Supreme Judicial Court affirmed the termination of the parental rights of Mother to two of her children pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (1)(B)(2) due to the gross sexual assault committed by Mothe...

In re Daniel H.  
Date: May 9, 2017
Citation: 2017 ME 89
Docket Number: 2017 ME 89

Justia Opinion Summary: The Supreme Judicial Court affirmed the termination of the parental rights of Mother and Father due to persistent concerns about the child’s basic health and safety, the parents’ inability to understand and respond to th...

In re Jesse B.  
Date: May 9, 2017
Citation: 2017 ME 90
Docket Number: 2017 ME 90

Justia Opinion Summary: The Supreme Judicial Court affirmed the termination of the parental rights of Mother and Father to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2), holding (1) there was competent evidence in the r...

Haskell v. Haskell  
Date: May 9, 2017
Citation: 2017 ME 91
Docket Number: 2017 ME 91

Justia Opinion Summary: In this divorce action, Husband appealed from the divorce judgment and the judgment denying his motions for a new trial and for relief from the divorce judgment, arguing (1) the district court should have conducted a new...

In re River B.  
Date: May 4, 2017
Citation: 2017 ME 77
Docket Number: 2017 ME 77

Justia Opinion Summary: The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(B)(2), holding that the evidence was sufficient to support t...

Gunning v. Doe  
Date: May 4, 2017
Citation: 2017 ME 78
Docket Number: 2017 ME 78

Justia Opinion Summary: In this defamation case, the Supreme Judicial Court affirmed the superior court’s dismissal of Marie Gunning’s complaint without prejudice for failure to effect service on the defendants, holding that Gunning was estoppe...

State v. Griffin  
Date: May 4, 2017
Citation: 2017 ME 79
Docket Number: 2017 ME 79

Justia Opinion Summary: The Supreme Judicial Court affirmed Defendant’s conviction for operating under the influence, holding that the trial court did not err in concluding that Defendant’s defense that his operation of a motor vehicle was invo...

Danielson v. Peng  
Date: May 4, 2017
Citation: 2017 ME 80
Docket Number: 2017 ME 80

Justia Opinion Summary: The Supreme Judicial Court affirmed the district court’s dismissal of Brian Danielson’s motion for relief from a post-divorce contempt judgment that had been entered against him. Danielson and Yi Peng were divorced throu...

In re Isabelle W.  
Date: May 4, 2017
Citation: 2017 ME 81
Docket Number: 2017 ME 81

Justia Opinion Summary: The Supreme Judicial Court affirmed the termination of Father’s parental rights to his child. The Department of Health and Human Services filed a petition seeking to terminate Father’s parental rights to his child more t...

In re Ashlyn L.  
Date: May 4, 2017
Citation: 2017 ME 82
Docket Number: 2017 ME 82

Justia Opinion Summary: The Supreme Judicial Court affirmed the termination of Mother’s parental rights to Ashlyn pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2), holding that the evidence was sufficient to support the judgment and t...

State v. Grindle  
Date: May 4, 2017
Citation: 2017 ME 83
Docket Number: 2017 ME 83

Justia Opinion Summary: The Supreme Judicial Court held that the trial court did not err in excluding one of Defendant’s statements from a recorded interview with police that was admitted at Defendant’s jury trial, holding that the court’s excl...

State v. Siracusa  
Date: May 4, 2017
Citation: 2017 ME 84
Docket Number: 2017 ME 84

Justia Opinion Summary: The Supreme Judicial Court held that the trial court did not err in refusing to instruct the jury during Defendant’s criminal trial that the jury needed to find that Defendant had acted intentionally or knowingly in orde...

State of Maine v. Jacob A. Hinkel (Errata)
Date: May 2, 2017
Citation: 2017 ME 76
State v. Hinkel  
Date: May 2, 2017
Citation: 2017 ME 76
Docket Number: 2017 ME 76

Justia Opinion Summary: Defendant appealed his conviction of operating under the influence (OUI) with a refusal to submit to a chemical test and of operating after suspension (OAS), arguing (1) the State failed to lay a proper foundation for th...

State v. Lacourse  
Date: April 27, 2017
Citation: 2017 ME 75
Docket Number: 2017 ME 75

Justia Opinion Summary: Defendant was convicted of domestic violence assault, domestic violence stalking, and endangering the welfare of a child. The Supreme Judicial Court vacated the judgment of conviction as to the charge of domestic violenc...

State of Maine v. Jason C. Cote (Errata)
Date: April 25, 2017
Citation: 2017 ME 73
State v. Cote  
Date: April 25, 2017
Citation: 2017 ME 73
Docket Number: 2017 ME 73

Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of murder. The Supreme Judicial Court affirmed the judgment, holding (1) the motion court did not err in denying Defendant’s motion to suppress statements he ma...

State v. Perry  
Date: April 25, 2017
Citation: 2017 ME 74
Docket Number: 2017 ME 74

Justia Opinion Summary: After a jury trial, Defendant was found guilty of three counts of aggravated assault, two counts of domestic violence assault, and related offenses. Defendant appealed, arguing, inter alia, that the court erred in denyin...

In re Henry B.  
Date: April 20, 2017
Citation: 2017 ME 72
Docket Number: 2017 ME 72

Justia Opinion Summary: After Henry B. was admitted to Pen Bay Medical Center (PBMC), PBMC staff applied to involuntarily commit Henry pursuant to the “white paper” procedures of Me. Rev. Stat. 34-B, 3863(5-A). After a commitment hearing, the d...

Mitchell v. Krieckhaus  
Date: April 18, 2017
Citation: 2017 ME 70
Docket Number: 2017 ME 70

Justia Opinion Summary: In 2014, Joyce Mitchell filed a complaint for divorce from Alexander Krieckhaus. In 2016, the parties reached a settlement agreement. A stipulated order on children’s issues was signed by the court on that date. The cour...

State of Maine v. Nathan P. Tarbox (Errata)
Date: April 18, 2017
Citation: 2017 ME 71
State v. Tarbox  
Date: April 18, 2017
Citation: 2017 ME 71
Docket Number: 2017 ME 71

Justia Opinion Summary: After a jury trial, Defendant was found guilty of domestic violence assault and obstructing the report of a crime or injury. The court sentenced Defendant to three years’ incarceration with all but nine months suspended...

John F. Murphy Homes, Inc. v. State  
Date: April 11, 2017
Citation: 2017 ME 67
Docket Number: 2017 ME 67

Justia Opinion Summary: John F. Murphy Homes, Inc. operates a private school that offers medical services that are paid for by MaineCare, a State Medicaid program. The State pays one-third of costs for MaineCare, a contribution commonly referre...

Green Tree Servicing, LLC v. Cope  
Date: April 11, 2017
Citation: 2017 ME 68
Docket Number: 2017 ME 68

Justia Opinion Summary: Green Tree Servicing, LLC filed a complaint against Thelma Cope to foreclose on her residential property. Green Tree later moved to dismiss its foreclosure complaint without prejudice on the grounds that it lacked standi...

Jalbert v. Maine Public Employees Retirement System  
Date: April 11, 2017
Citation: 2017 ME 69
Docket Number: 2017 ME 69

Justia Opinion Summary: Elizabeth Jalbert, a teacher, filed an application for disability retirement benefits with the Maine Public Employees Retirement System (MPERS) after she twice fell and slipped on ice, hitting her head each time. An Exec...

Canney v. Strathglass Holdings, LLC  
Date: April 6, 2017
Citation: 2017 ME 64
Docket Number: 2017 ME 64

Justia Opinion Summary: Amy Canney’s minor child, Nicholai, was bitten by a dog kept by Eric Burns, a neighbor who performed on-call maintenance work on properties owned by Strathglass Holdings, Inc. Canney filed a complaint on behalf of Nichol...

State v. Sexton  
Date: April 6, 2017
Citation: 2017 ME 65
Docket Number: 2017 ME 65

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of murder and one count of arson. The jury also found Defendant’s co-defendant guilty of three counts of murder and one count of arson. The Supreme Judicial Court...

In re Caleb M.  
Date: April 6, 2017
Citation: 2017 ME 66
Docket Number: 2017 ME 66

Justia Opinion Summary: Mother’s two children were removed from Mother’s care because of her substance abuse and consequent neglect. More than two and a half years later, the district court terminated Mother’s parental rights to her children. M...

State v. Brown  
Date: April 4, 2017
Citation: 2017 ME 59
Docket Number: 2017 ME 59

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of manslaughter. The court sentenced Defendant to twelve years in prison. Defendant appealed, arguing that there was insufficient evidence to establish that his actions...

Harshman v. Harshman  
Date: April 4, 2017
Citation: 2017 ME 60
Docket Number: 2017 ME 60

Justia Opinion Summary: Edward Harshman instituted divorce proceedings against Sheila Harshman. Sheila counterclaimed for divorce. The court (1) adopted the parties’ agreement as to parental rights and contact, therefore awarding Sheila sole pa...

Fortune v. State  
Date: April 4, 2017
Citation: 2017 ME 61
Docket Number: 2017 ME 61

Justia Opinion Summary: After a jury trial, Defendant was convicted of fourteen criminal offenses, including four counts of aggravated attempted murder. The trial court imposed multiple life sentences in addition to multiple lesser sentences, a...

Vibert v. Dimoulas  
Date: April 4, 2017
Citation: 2017 ME 62
Docket Number: 2017 ME 62

Justia Opinion Summary: Mother and Father, who were never married, were the parents of two minor children. Mother filed a complaint seeking a determination of parental rights and responsibilities. The court ultimately awarded sole parental righ...

State v. Gagne  
Date: April 4, 2017
Citation: 2017 ME 63
Docket Number: 2017 ME 63

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of gross sexual assault, two counts of aggravated assault, and other charges. The Supreme Judicial Court affirmed the judgment, holding that the trial court (1) d...

Diviney v. University of Maine System  
Date: March 28, 2017
Citation: 2017 ME 56
Docket Number: 2017 ME 56

Justia Opinion Summary: Aleshia Diviney was injured when she slipped and fell on ice outside of her dormitory, located on the University of Southern Maine (USM) Gorham campus. Diviney filed a complaint alleging premises liability against USM, t...

City of South Portland v. Maine Municipal Association Property & Casualty Pool  
Date: March 28, 2017
Citation: 2017 ME 57
Docket Number: 2017 ME 57

Justia Opinion Summary: In 2014, the City Council of South Portland enacted an ordinance prohibiting the bulk loading of cure oil on marine tank vessels in South Portland. In 2015, the Portland Pipeline Corporation and American Waterways Operat...

Estate of Mason v. Amica Mutual Insurance Co.  
Date: March 28, 2017
Citation: 2017 ME 58
Docket Number: 2017 ME 58

Justia Opinion Summary: Three individuals were passengers in a vehicle driven by Kristina Lowe. Lowe negligently caused the vehicle to crash, and Rebecca Mason and Logan Dam died from injuries they sustained. At the time of the accident, Lowe w...

Brooks v. Lemieux  
Date: March 21, 2017
Citation: 2017 ME 55
Docket Number: 2017 ME 55

Justia Opinion Summary: After Plaintiff was terminated from his employment from Bath Iron Works (BIW), Plaintiff grieved the termination. The Local S7 Union Grievance Committee voted not to arbitrate the grievance. Thereafter, represented by At...

State v. Renfro  
Date: March 16, 2017
Citation: 2017 ME 49
Docket Number: 2017 ME 49

Justia Opinion Summary: After a jury trial, Defendant was found guilty of operating under the influence (class B). Defendant appealed, arguing that the trial court abused its discretion in granting the State’s motion in limine to exclude as irr...

Kenneth Cabral v. Danielle L'Heureux (Errata)
Date: March 16, 2017
Citation: 2017 ME 50
Cabral v. L'Heureux  
Date: March 16, 2017
Citation: 2017 ME 50
Docket Number: 2017 ME 50

Justia Opinion Summary: Mother and Father were the parents of two minor daughters. At the time Father filed a complaint for determination of parental rights and responsibilities and child support, the girls were residing with him. The children...

State of Maine v. Daniel A. Fox (Errata)
Date: March 16, 2017
Citation: 2017 ME 52
State v. Fox  
Date: March 16, 2017
Citation: 2017 ME 52
Docket Number: 2017 ME 52

Justia Opinion Summary: After a jury trial, Defendant was found guilty of unlawful trafficking of scheduled drugs and unlawful possession of scheduled drugs. The court entered judgment on the verdict and ordered the criminal forfeiture of $543...

Town of Kittery v. Dineen  
Date: March 16, 2017
Citation: 2017 ME 53
Docket Number: 2017 ME 53

Justia Opinion Summary: These consolidated appeals concerned two superior court judgments addressing issues on abutting properties - Mary’s Store and the Bus Lot - that Appellant owned in Kittery. Appellant appealed from a judgment finding him...

In re Guardianship of Alisha K. Golodner  
Date: March 16, 2017
Citation: 2017 ME 54
Docket Number: 2017 ME 54

Justia Opinion Summary: Father was awarded sole legal custody of his daughter (Daughter) in 2006. In 2010, Father arranged for Daughter to live with his stepmother (Stepmother). Stepmother was subsequently appointed Daughter’s full, permanent g...

Bordetsky v. JAK Realty Trust  
Date: March 9, 2017
Citation: 2017 ME 42
Docket Number: 2017 ME 42

Justia Opinion Summary: David Bordetsky filed a complaint for foreclosure against JAK Realty Trust, alleging that Gregory O’Halloran, as trustee of the Trust, executed a promissory note secured by a mortgage on property located in Benton and th...

State v. Chase  
Date: March 9, 2017
Citation: 2017 ME 43
Docket Number: 2017 ME 43

Justia Opinion Summary: After a nonjury trial, Defendant conceded that he had committed the offense of operating a vehicle with an expired registration. The trial court trial court adjudicated Defendant to have committed the traffic infraction...

State v. Jandreau  
Date: March 9, 2017
Citation: 2017 ME 44
Docket Number: 2017 ME 44

Justia Opinion Summary: Defendant was charged with operating under the influence. After a trial, the court concluded that the jury was genuinely deadlocked and sua sponte declared a mistrial due to manifest necessity. Defendant then moved to di...

In re Kenneth S.  
Date: March 9, 2017
Citation: 2017 ME 45
Docket Number: 2017 ME 45

Justia Opinion Summary: Two days after the birth of Child, the district court granted a preliminary protection order as against both Mother and Father, and Child was placed in foster care. The Department of Health and Human Services later filed...

Osprey Landing, LLC v. First American Title Insurance Co.  
Date: March 9, 2017
Citation: 2017 ME 46
Docket Number: 2017 ME 46

Justia Opinion Summary: After acquiring a parcel of oceanfront property, Osprey Landing, LLC purchased a title insurance policy from First American Title Insurance Company. In connection with litigation with neighboring landowners, the subject...

Savage v. Savage  
Date: March 9, 2017
Citation: 2017 ME 47
Docket Number: 2017 ME 47

Justia Opinion Summary: In 2008, a divorce decree issued pursuant to the agreement of Husband and Wife requiring Husband to pay Wife monthly spousal support of $3,000 until he turned sixty years old. Federal law went into effect shortly before...

In re Aubrey R.  
Date: March 7, 2017
Citation: 2017 ME 37
Docket Number: 2017 ME 37

Justia Opinion Summary: Mother appealed from the district court’s judgment terminating her parental rights to her daughter. The Supreme Judicial Court affirmed, holding (1) the district court’s findings that Mother was unable to protect her dau...

Denise K. Lynch v. Daniel G. Lynch (Errata)
Date: March 7, 2017
Citation: 2017 ME 38
Lynch v. Lynch  
Date: March 7, 2017
Citation: 2017 ME 38
Docket Number: 2017 ME 38

Justia Opinion Summary: Husband initiated divorce proceedings from Wife in Sweden. Wife objected to the proceedings, asserting that the Swedish court did not have personal jurisdiction over her. The Swedish court subsequently stayed the action...

Millay v. McKay  
Date: March 7, 2017
Citation: 2017 ME 39
Docket Number: 2017 ME 39

Justia Opinion Summary: Wife filed for divorce from Husband after six years of marriage on the ground of irreconcilable differences. The district court entered a divorce judgment dividing the parties’ property, awarding child support to Wife, d...

Reese v. State  
Date: March 7, 2017
Citation: 2017 ME 40
Docket Number: 2017 ME 40

Justia Opinion Summary: Appellant was convicted of murdering a sixteen-year-old girl. The Supreme Judicial Court affirmed. This appeal concerned Appellant’s second petition for postconviction review, which asserted sixteen grounds. The first fi...

Lorraine Scamman et al. v. Shaw's Supermarkets, Inc. (Errata)
Date: March 7, 2017
Citation: 2017 ME 41
Scamman v. Shaw's Supermarkets, Inc.  
Date: March 7, 2017
Citation: 2017 ME 41
Docket Number: 2017 ME 41

Justia Opinion Summary: Plaintiffs were employed by Shaw’s Supermarkets, Inc. when their employment was terminated as part of a reduction in force. The reduction in force affected more older employees than younger employees. Plaintiffs filed co...

State v. Hayward  
Date: March 2, 2017
Citation: 2017 ME 33
Docket Number: 2017 ME 33

Justia Opinion Summary: After a jury trial, Defendant was convicted of theft by unauthorized taking or transfer and theft by deception. Defendant appealed, arguing (1) the evidence presented at trial was insufficient to support the convictions,...

In re Gracesun C.  
Date: March 2, 2017
Citation: 2017 ME 34
Docket Number: 2017 ME 34

Justia Opinion Summary: In 2015, the three children of Mother and Father came into the custody of the Department of Health and Human Services. After the Department’s efforts to reunify the family failed due to a combination of the parents’ ment...

Perry v. Dean  
Date: March 2, 2017
Citation: 2017 ME 35
Docket Number: 2017 ME 35

Justia Opinion Summary: After William Dean was involuntarily hospitalized, the Department of Health and Human Services was appointed as Dean’s temporary public conservator. Thereafter, the Department sold some of Dean’s property. Dean’s sister,...

State v. Boyd  
Date: March 2, 2017
Citation: 2017 ME 36
Docket Number: 2017 ME 36

Justia Opinion Summary: Defendant was charged by complaint with operating under the influence based in part on an allegation of a blood test measuring 0.15 grams of alcohol per 100 milliliters of blood. Defendant moved to suppress the evidence...

JPMorgan Chase Bank, N.A. v. Lowell  
Date: February 28, 2017
Citation: 2017 ME 32
Docket Number: 2017 ME 32

Justia Opinion Summary: JPMorgan Chase Bank, N.A. filed a complaint against Terrance Lowell seeking foreclosure on residential property. The complaint alleged that Lowell had defaulted by failing to make payments due on a promissory note. After...

In re Guardianship of Alisha K. Golodner  
Date: February 24, 2017
Citation: 2017 ME 31
Docket Number: 2017 ME 31

Justia Opinion Summary: In 2011, the York County Probate Court appointed Daniel Golodner’s stepmother, Gail Golodner, as the full, permanent guardian of Daniel’s minor daughter, Alisha Golodner. In 2014, Daniel filed a petition to terminate the...

State v. Stevens  
Date: February 16, 2017
Citation: 2017 ME 30
Docket Number: 2017 ME 30

Justia Opinion Summary: Defendant pleaded unconditionally guilty to a charge of receiving stolen property. The trial court accepted the open plea, which Defendant never moved to withdraw. Defendant appealed. The State moved to dismiss the appea...

State v. Parker  
Date: February 14, 2017
Citation: 2017 ME 28
Docket Number: 2017 ME 28

Justia Opinion Summary: Defendant pleaded guilty to three counts of gross sexual assault and two counts of unlawful sexual contact. The court sentenced Defendant to twenty years’ imprisonment followed by fifteen years of supervised release. Def...

Zablotny v. State Board of Nursing  
Date: February 14, 2017
Citation: 2017 ME 29
Docket Number: 2017 ME 29

Justia Opinion Summary: After a hearing, the State Board of Nursing found that John S. Zablotny had violated his professional duties and revoked his nursing license for two years. The district court affirmed. The Supreme Court vacated the judgm...

In re Forest G.  
Date: February 7, 2017
Citation: 2017 ME 26
Docket Number: 2017 ME 26

Justia Opinion Summary: The district court entered judgment terminating Father’s parental rights to his child. The Supreme Judicial Court affirmed, holding (1) the Court need not reach Father’s argument that the district court violated his due...

State v. Ames  
Date: February 7, 2017
Citation: 2017 ME 27
Docket Number: 2017 ME 27

Justia Opinion Summary: Defendant pleaded guilty of burglary and theft by unauthorized taking or transfer. Defendant appealed, arguing that the trial court erred in denying his motion to suppress statements made during a police interview while...

In re Logan M.  
Date: February 2, 2017
Citation: 2017 ME 23
Docket Number: 2017 ME 23

Justia Opinion Summary: In June 2016, the district court entered two judgments terminating Mother’s parents rights as to Logan M. and Bryson L. and Father’s parental rights as to Bryson. The court found by clear and convincing evidence that the...

Midland Funding LLC v. Walton  
Date: February 2, 2017
Citation: 2017 ME 24
Docket Number: 2017 ME 24

Justia Opinion Summary: Midland Funding LLC filed suit against Mark Walton alleging that he had entered into a credit card agreement with Barclays Bank Delaware, used the card to obtain extensions of credit, and failed to make payments on the a...

State of Maine v. Karl Maine (Errata)
Date: February 2, 2017
Citation: 2017 ME 25
State v. Maine  
Date: February 2, 2017
Citation: 2017 ME 25
Docket Number: 2017 ME 25

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of arson. The conviction stemmed from a fire that largely destroyed a diner run by Defendant. Defendant appealed, arguing, inter alia, that the trial court erred b...

Lalonde v. Central Maine Medical Center  
Date: January 31, 2017
Citation: 2017 ME 22
Docket Number: And-16-68

Justia Opinion Summary: Plaintiff filed suit against CMMC, seeking indemnification for expenses he incurred in defense of an administrative proceeding initiated by the Board of Licensure in Medicine. The Superior Court denied CMMC's motion to d...

Estate of Merrill P. Robbins v. Town of Cumberland  
Date: January 26, 2017
Citation: 2017 ME 16
Docket Number: 2017 ME 16

Justia Opinion Summary: The Town of Cumberland applied for site plan review of a proposed development involving Broad Cove Reserve property that it owned. The Town of Cumberland Board of Adjustment and Appeals determined that the Town’s propose...

Estate of Merrill P. Robbins v. Town of Cumberland  
Date: January 26, 2017
Citation: 2017 ME 17
Docket Number: 2017 ME 16

Justia Opinion Summary: The Town of Cumberland applied for site plan review of a proposed development involving Broad Cove Reserve property that it owned. The Town of Cumberland Board of Adjustment and Appeals determined that the Town’s propose...

In re Cameron B.  
Date: January 26, 2017
Citation: 2017 ME 18
Docket Number: 2017 ME 18

Justia Opinion Summary: In 2014, when Cameron was almost one year old, the Department of Health and Human Services obtained a preliminary protection order placing the child in the Department’s custody. The district court made a finding of jeopa...

Doherty v. Merck & Co., Inc.  
Date: January 26, 2017
Citation: 2017 ME 19
Docket Number: 2017 ME 19

Justia Opinion Summary: After Plaintiff gave birth to a son, she filed a complaint against Merck & Co., Inc. and the United States, alleging that a community health center physician negligently failed to insert into her arm an implant manufactu...

Bank of America, N.A. v. Camire  
Date: January 26, 2017
Citation: 2017 ME 20
Docket Number: 2017 ME 20

Justia Opinion Summary: FIA Card Services, N.A. initiated this action against John Camire to recover damages arising out of a debt incurred using a Bank of America (Bank) credit card. Camire filed a counterclaim pursuant to the Fair Debt Collec...

Dunwoody v. Dunwoody  
Date: January 26, 2017
Citation: 2017 ME 21
Docket Number: 2017 ME 21

Justia Opinion Summary: In 2001, Steven Dunwoody and Janice Dunwoody were divorced. Steven was ordered to pay child support. Steven never paid child support, but the parties’ children received dependent benefits based on Steven’s disability. In...

Conservatorship & Guardianship of Ann B. Thomas  
Date: January 19, 2017
Citation: 2017 ME 11
Docket Number: 2017 ME 11

Justia Opinion Summary: Attorney Susan Thiem represented Ann Thomas, an allegedly incapacitated person, during this action for appointment of a guardian and conservator. During the proceedings, the probate court issued an order imposing sanctio...

Guardianship of Isabella Ard  
Date: January 19, 2017
Citation: 2017 ME 12
Docket Number: 2017 ME 12

Justia Opinion Summary: In 2012, the probate court appointed Aunt as the guardian of Child and awarded Grandmother rights of contact with Child. In 2015 and 2016, Aunt and Grandmother filed motions relating to the terms of the guardianships and...

State v. Thompson  
Date: January 19, 2017
Citation: 2017 ME 13
Docket Number: 2017 ME 13

Justia Opinion Summary: Defendant entered conditional guilty pleas to three drug-related crimes. Defendant appealed, arguing (1) the information contained in the warrant application to search his home was insufficient to allow a probable cause...

Thorndike v. Lisio  
Date: January 19, 2017
Citation: 2017 ME 14
Docket Number: 2017 ME 14

Justia Opinion Summary: Jessica Lisio and Tammy Thorndike, who lives as a man, began a relationship in 2005 when Lisio’s son, Caden, was one year old. In 2009, Arianna was born to Lisio, who was artificially inseminated. That same year, Lisio a...

Carignan v. Dumas  
Date: January 19, 2017
Citation: 2017 ME 15
Docket Number: 2017 ME 15

Justia Opinion Summary: Gloria Carignan, whose property was bordered by Willow Street - a paper street - filed a complaint against Paul Dumas and Robert Richard, an alleged contractor for Dumas, asserting six causes of action relating to Richar...

State v. Rourke  
Date: January 17, 2017
Citation: 2017 ME 10
Docket Number: 2017 ME 10

Justia Opinion Summary: After a jury trial, Defendant was convicted of operating under the influence with one prior conviction. Defendant appealed, arguing that the trial court abused its discretion by excluding testimony that certain chemicals...

State v. Lajoie  
Date: January 17, 2017
Citation: 2017 ME 8
Docket Number: 2017 ME 8

Justia Opinion Summary: After a jury trial, Defendant was convicted of baiting deer and hunting from an observation stand overlooking deer bait. The Supreme Court affirmed, holding (1) the instructions given by the trial court fairly and accura...

Spinney v. State  
Date: January 17, 2017
Citation: 2017 ME 9
Docket Number: 2017 ME 9

Justia Opinion Summary: Defendant pleaded guilty to one count of robbery. Defendant later admitted to four violations of his probation. The court enrolled Defendant in drug court. After he entered the program, Defendant again violated the condi...

In re Steven L.  
Date: January 12, 2017
Citation: 2017 ME 5
Docket Number: 2017 ME 5

Justia Opinion Summary: Steven L., who suffered from a severe and persistent mental illness, was twice involuntarily admitted to a progressive treatment program for a period of one year. In 2015, a psychiatric hospital operated by the Departmen...

Beal v. Town of Stockton Springs  
Date: January 12, 2017
Citation: 2017 ME 6
Docket Number: 2017 ME 6

Justia Opinion Summary: After a public hearing, the Town of Stockton Spring’s Board of Selectman determined that a structure owned by Hollie Beal was a dangerous building or nuisance pursuant to Me. Rev. Stat. 17, 2851. The superior court affir...

Mutty v. Department of Corrections  
Date: January 12, 2017
Citation: 2017 ME 7
Docket Number: 2017 ME 7

Justia Opinion Summary: Petitioner filed a petition in the superior court challenging a disciplinary decision by the Department of Corrections. The superior court dismissed the petition, concluding that Petitioner failed to state a claim where...

State v. Cooper  
Date: January 10, 2017
Citation: 2017 ME 4
Docket Number: 2017 ME 4

Justia Opinion Summary: Defendant entered a conditional guilty plea to a charge of unlawful possession of schedule W drugs, preserving his right to appeal from the denial of his motion to suppress. Defendant appealed, arguing that the trial cou...

In re Conservatorship of Emma  
Date: January 5, 2017
Citation: 2017 ME 1
Docket Number: 2017 ME 1

Justia Opinion Summary: In 2014, Emma’s son successfully petitioned to be appointed as the new conservator of Emma’s estate. Thereafter, the son filed an amended inventory of the estate’s assets. In 2014, Emma’s son, as conservator, moved to ha...

State v. True  
Date: January 5, 2017
Citation: 2017 ME 2
Docket Number: 2017 ME 2

Justia Opinion Summary: After a jury trial, Defendant was found guilty of, inter alia, intentional or knowing, or depraved indifference murder. The trial court sentenced Defendant to twenty-five years in prison for murder and ten years in priso...

21 Seabran, LLC v. Town of Naples  
Date: January 5, 2017
Citation: 2017 ME 3
Docket Number: 2017 ME 3

Justia Opinion Summary: 21 Seabran, LLC applied for two permits necessary to renovate a garage on a lakefront parcel. The Town of Naples Code Enforcement Officer denied the permits, concluding that the parcel would have insufficient shore front...

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