10 results for 'judge:"Mead"'.
J. Mead finds that the lower court properly convicted defendant of depraved indifference murder for the death of her son, who allegedly suffered "non-accidental injuries" to his internal organs hours before his death. Contrary to defendant's argument on appeal, the lower court did not err by admitting evidence of a prior bad act, as it was "highly relevant and probative to a central issue at trial." Also, she contends that the state improperly referred to "her lack of communication with the police," but the evidence was not a comment on her silence. Instead, it was focused on her effort to flee from the police. Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 16, 2024, Case #: 2024ME37, Categories: Evidence, Murder
J. Mead finds that the lower court improperly declared the scope of the right of way and improperly awarded certain damages in this dispute involving an easement. Accordingly, the matter is remanded “for further findings regarding the degree to which vehicular passage upon the northwesterly portion of the easement is impossible.” Vacated in part.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 9, 2024, Case #: 2024ME34, Categories: Real Estate, Damages
J. Mead finds that the lower court properly convicted defendant following a jury trial for “hunting a deer after having killed one,” as well as unlawful possession of wild animals. On appeal, he fails to show that the charge for possession of wild animals was barred under double jeopardy principles. Additionally, the matter is remanded for reconsideration of a stay order. The lower court had “the authority to order the original stay” and should decide whether to reinstate it. Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 7, 2024, Case #: 2024ME33, Categories: Criminal Procedure, Sentencing, Double Jeopardy
J. Mead finds that the lower court improperly dismissed the appellants' complaint for declaratory judgment, in which they challenge the constitutionality of the state's "longstanding Sunday hunting ban." The couple argued that the ban conflicts with a new right-to-food amendment, and the court holds that their complaint did present a "judiciable claim." The court does not agree with their argument that the ban "has been rendered unconstitutional," however, and the matter is remanded for entry of judgment. Vacated.
Court: Maine Supreme Court, Judge: Mead, Filed On: March 28, 2024, Case #: 2024ME22, Categories: Civil Procedure, Constitution
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J. Mead finds that defendant was improperly convicted on Counts 3 and 4, because there was not a specific unanimity instruction given. Those counts included unlawful sexual contact (Class B) and unlawful sexual contact (Class C). The instruction was not required on the remaining counts, however, and those are due to be affirmed. Vacated in part.
Court: Maine Supreme Court, Judge: Mead, Filed On: September 21, 2023, Case #: 2023ME64, Categories: Sex Offender, Jury Instructions
J. Mead finds that the lower court properly convicted defendant of domestic violence aggravated assault and domestic violence assault, as well as violating a condition of release. On appeal, defendant argues that "his right to a representative jury was violated." However, the disparity in the jury venire "was insufficient to show underrepresentation." Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: August 15, 2023, Case #: 2023ME52, Categories: Jury, Domestic Violence
J. Mead finds that the lower court improperly ruled on the appellants' claim for declaratory judgment in this case concerning their mother's estate. The claim was "not properly before the Superior Court but rather was within the Probate Court's exclusive jurisdiction." Accordingly, that claim is due to be dismissed. Vacated in part.
Court: Maine Supreme Court, Judge: Mead, Filed On: August 1, 2023, Case #: 2023ME42, Categories: Civil Procedure, Wills / Probate, Jurisdiction
J. Mead finds that the lower court properly entered judgment on a jury verdict in favor of the media defendants in this false light and defamation lawsuit brought by a police officer and his wife, stemming from the publication of certain news articles. Contrary to the officer's argument on appeal, there was no abuse of discretion in allowing certain testimony from a detective. Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: July 6, 2023, Case #: 2023ME36, Categories: Civil Procedure, Evidence, Defamation
J. Mead finds that the lower court properly convicted defendant for gross sexual assault following a jury trial. Defendant argues that the lower court erred by declining to answer a specific question from the jury, but he waived his objection "by agreeing to the court's response to the note." However, his sentence should be vacated and the case remanded for a new sentencing hearing. Affirmed in part.
Court: Maine Supreme Court, Judge: Mead, Filed On: June 13, 2023, Case #: 2023ME35, Categories: Sentencing, Sex Offender