Archive for the ‘Criminal Law’ Category

CRIMINAL LAW Multiple Crimes

12th October 2012 by BS Comments Off

State v. Fortune, 2011 ME 125, 34 A.3d 1115, Alexander, J. This is the case in which two members of a family were hideously injured in a machete attack by the defendant and another.  The defendant was convicted of attempted murder and sentenced to life imprisonment. On appeal, he argued that the trial court erred [...]

CRIMINAL LAW Competing Harms Defense

15th May 2012 by BS Comments Off

State v. Brockelbank, 2011 ME 118, 33 A.3d 925, Levy, J. The defendant broke down the door of the victim and beat him up and was convicted of assault and aggravated criminal trespass.  The reason the defendant gave for his actions was that the victim had ostensibly threatened others by appearing on his balcony with [...]

CRIMINAL LAW Post-Conviction Review

15th May 2012 by BS Comments Off

Haraden v. State, 2011 ME 113, 32 A.3d 448, Gorman, J. This is an important case that addresses whether a person convicted of a crime must be competent in order to file and pursue a petition for post-conviction review.  The appeal was taken from a Superior Court order finding that the petitioner was incompetent to [...]

CRIMINAL LAW Obvious Error

15th May 2012 by BS Comments Off

State v. Pabon, 2011 ME 100, 28 A.3d 1147, Levy, J. The defendant was convicted of elevated aggravated assault and attempted murder after stabbing his girlfriend and housemate several times in their apartment.  The defendant raised self-defense and stated at one point that the victim had a knife, so he went to get a knife.  [...]

CRIMINAL LAW Criminal Threatening with a Dangerous Weapon

15th May 2012 by BS Comments Off

State v. Preston, 2011 ME 98, 26 A.3d 850, Mead, J. The defendant told a person who was walking over his property that he should leave right away or he was going to shoot him.  When the victim did not leave, the defendant went and got an AK47 and began to shoot at the victim, [...]

CRIMINAL LAW Mistake of Fact Defense

15th May 2012 by BS Comments Off

State v. Lavallee-Davidson, 2011 ME 96, 26 A.3d 828, Saufley, C.J. The defendant was convicted of manslaughter when he put a pistol to the head of another person with whom he was engaging in sexual conduct and pulled the trigger twice, killing the victim.  The defendant asserted mistake of fact because he believed that there [...]

CRIMINAL LAW Theft

15th May 2012 by BS Comments Off

State v. Burns, 2011 ME 92, 26 A.3d 817, Mead, J. The Law Court affirmed the defendant’s conviction of theft as a Class C offense for withholding a check that was made out to his soon to be ex-wife and then having someone else cash the check for him.  The check was for a little [...]

CRIMINAL LAW Post-Conviction Relief

26th April 2012 by BS Comments Off

State v. Chesnel, 2011 ME 84, 25 A.3d 946, Levy, J. The petitioner, a convicted criminal, filed a motion to modify the conditions of his court fines, arguing that the court erred in determining that the Department of Corrections was authorized to collect 25% of all funds deposited into his prison account for payment of [...]

CRIMINAL LAW Passing a Roadblock

26th April 2012 by BS Comments Off

State v. Milne, 2011 ME 83, 25 A.3d 943, Alexander, J. The defendant was involved in a high-speed chase with a police officer when he passed another officer who had parked his vehicle in the other travel lane with its blue lights and siren activated.  The Law Court concluded that there was insufficient evidence to [...]

CRIMINAL LAW Adequacy of Voir Dire as to Prejudice or Bias

26th April 2012 by BS Comments Off

State v. Nigro, 2011 ME 81, 24 A.3d 1283, Jabar, J. The defendant in this case, whose name suggests that he is Islamic and who is apparently also non-white, argued that he was prejudiced because the trial court did not ask whether the jurors were prejudiced or biased against members of the Islamic faith.  The [...]