15 results for 'judge:"Connors"'.
J. Connors finds that the lower court properly convicted and sentenced defendant for murder. On appeal, defendant argues that the lower court erred “by admitting evidence of the victim’s state of mind.” However, it was not an abuse of discretion for the court to allow the victim’s statements to a friend that she was afraid of defendant. Additionally, the lower court gave an “immediate instruction” regarding the burden of proof following a certain query by the prosecutor during closing argument. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 14, 2024, Case #: 2024ME35, Categories: Evidence, Murder
J. Connors finds that the lower court improperly convicted defendant on two of the sexual offenses but properly convicted him on the other. At issue is whether the evidence sufficiently established the age of the victim. The court concludes that the evidence proves the victim was under the age of 14 but not under the age of 12. Accordingly, the convictions on the Class A and B offenses are vacated, and the matter is remanded for resentencing as to the Class C offense of unlawful sexual contact. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: April 30, 2024, Case #: 2024ME31, Categories: Evidence, Sentencing, Sex Offender
J. Connors finds that the lower court properly granted the town's summary judgment motion in this action concerning its "adoption of an amendment to its Land Use Ordinance regarding vacation rentals." A supermajority was not needed to pass the amendment, based on the statutory language. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: March 26, 2024, Case #: 2024ME21, Categories: Municipal Law, Real Estate
J. Connors finds that the lower court improperly entered judgment for the customer in this suit to collect an alleged credit card debt. The bank did not receive sufficient notice of the hearing, as the notices that went out "indicated that mediation and a debt collection hearing would occur simultaneously." Additionally, the bank was denied the chance to participate in "the ordered mediation." Accordingly, the court concludes that the bank's due process rights were violated. Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: March 12, 2024, Case #: 2024ME19, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Connors finds that the Business and Consumer Docket improperly ruled for the bank in this action to recover personal property in connection with a loan. The borrowers argue that the bank failed to make disclosures under the Truth in Lending Act, while the bank contends that the the "credit transaction is not subject to TILA." The court concludes that the lower court improperly assessed the nature of the loan and remands the case to the BCD to determine whether the loan is exempt from TILA under Section 1603(1), specifically by viewing the totality of the circumstances to establish if it was "for business or commercial purposes." Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: February 29, 2024, Case #: 2024ME17, Categories: Civil Procedure, Banking / Lending
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J. Connors finds that the Public Utilities Commission properly extended "a waiver of the standard depreciation rate for the Maine Water Company - Millinocket Division." The Commission properly applied Chapter 110 and did not abuse its discretion. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: January 30, 2024, Case #: 2024ME11, Categories: Civil Procedure, Water
J. Connors finds that the lower court properly determined that the county commissioners have jurisdiction over an appeal of a certain abatement decision. The county commissioners have concurrent jurisdiction with the State Board of Property Tax Review "to hear an appeal of a municipality's denial of a tax abatement application" under the circumstances presented. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: November 9, 2023, Case #: 2023ME69, Categories: Tax, Jurisdiction
J. Connors finds that the lower court improperly overturned a decision by the town's board of appeals in relation to a permit application for a solar array project. The board of appeals vacated the planning board's approval of the application. The solar energy project does not constitute a "public utility facility" under the zoning ordinance. Accordingly, the case is remanded for a judgment that upholds the decision by the board of appeals. Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: November 7, 2023, Case #: 2023ME67, Categories: Energy, Municipal Law
J. Connors finds that the lower court improperly dismissed the putative taxpayer's lawsuit seeking a declaratory judgment that certain assessments were improper because "she does not have a taxable interest in the property." Her claims for declaratory relief and damages should have survived dismissal, as her issue could be pursued through either "the abatement process or a declaratory judgment action." Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: October 3, 2023, Case #: 2023ME65, Categories: Civil Procedure, Real Estate, Tax
J. Connors finds that the lower court properly convicted defendant of aggravated trafficking of scheduled drugs and unlawful trafficking in scheduled drugs. Defendant contends that his speedy trial rights were violated. However, his claim under the Maine Constitution cannot succeed, because he failed to "adequately assert his right." Also, his federal speedy trial right claim fails under obvious error review. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: August 31, 2023, Case #: 2023ME60, Categories: Drug Offender, Speedy Trial
J. Connors finds that the lower court properly entered summary judgment for the appellees in this dispute between neighbors over the right to trim a 100-year-old oak tree. The appellants contend that the lower court should have imposed a duty "to exercise reasonable care," as cutting the "leader" branch would likely injure the tree. However, the neighboring property owners can trim "any part of a non-boundary tree that encroaches onto their property, regardless of how their actions affect the tree." Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: August 29, 2023, Case #: 2023ME59, Categories: Civil Procedure, Real Estate
J. Connors finds that the lower court improperly awarded spousal support and distributed the parties' property in this divorce proceeding because it failed to identify the appellant's "current or projected income." Accordingly, the court is unable to adequately review the lower court's financial rulings, and the matter is remanded for a finding as to his income. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: August 3, 2023, Case #: 2023ME45, Categories: Evidence, Family Law
J. Connors finds that the lower court properly convicted defendant for burglary following a jury trial, based on an incident in which he allegedly entered the rental home where he had previously lived. At trial, defendant argued that he was "legally present on the premises as a tenant," and he argues on appeal that the state failed to prove that he knew he was not licensed to be at the house. The evidence shows, however, that he entered the house through the basement and that he knew the victim, his ex-girlfriend, "did not want him there when she was there." Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: July 20, 2023, Case #: 2023ME39, Categories: Burglary, Evidence
J. Connors finds that the landowner's appeal to the town's board of appeals was untimely in this matter concerning the issuance of certain building permits to a neighboring property owner. The board erred in its conclusion that there was good cause for the landowner's delay, and the decision on the merits must vacated. A separate appeal regarding the certificate of occupancy was properly dismissed for failing to state a claim. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 23, 2023, Case #: 2023ME30, Categories: Municipal Law, Real Estate, Zoning
J. Connors finds that the lower court properly convicted defendant for intentional or knowing murder, aggravated attempted murder and elevated aggravated assault. Defendant argues that the lower court erred in admitting a certain statement that he made to the police regarding the "number and names" of the victims, but any error in the admission of the statement was harmless. The other evidence indicating his guilt was "overwhelming." Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 23, 2023, Case #: 2023ME31, Categories: Evidence, Murder