Recent Maine Court Opinions

"Synopses of opinions by the Maine Supreme Judicial Court from July 2008 forward. Previous opinions, other items, and author commentary may be added in the future."

Author: Zachary M. Paakkonen practices at West End Legal in Portland, Maine.

Blawg Related Categories: States • Maine • Solo / Small Firm

Recent Posts from Recent Maine Court Opinions

STATE OF MAINE v. STEVEN M. CLARK, 08 ME 136.
STATE OF MAINE v. STEVEN M. CLARK, 08 ME 136. Decided August 28, 2008. Decision by Gorman, J. When the defense objects to prosecution statements at trial, statements involving alleged prosecutorial misconduct are reviewed for harmless error. If the defense…
YIM K. CHEUNG v. WING KI WU et al., 2008 ME 131
YIM K. CHEUNG v. WING KI WU et al. Decided August 26, 2008. Gorman, J. Interest on a judgment should be calculated based upon the judgment as offset by the amount recouped. Cheung appealed from…
Mutual Mistake of Boundary Not Enough to find Adverse Possession by Acquiescence
DAVID E. HAMLIN v. LESLIE NIEDNER JR. et al., 2008 ME 130 Decided August 26, 2008 Alexander, J. 1. A mutual mistake as to a boundary line resulting in occupation of land by one party does…
Hoffman’s Supreme Court Petition Denied
The SCOTUS Blog is reporting that Justice Souter has requested that the State of Maine and the Maine Democratic Party chairman inform him of their views on the Hoffman case. Hoffman filed an application on…
City of South Portland v. Maine Municipal Association, 2008 ME 128
City of South Portland v. Maine Municipal Association, 2008 ME 128 Decided August 7, 2008 Clifford, J. An ambiguous policy exclusion for inverse condemnation does not bar indemnification on a judgment based upon a statutory…
KELLY DeCAMBRA v. KIMBERLY CARSON et al., 2008 ME 127
Decided July 29, 2008. Silver, J. There is no duty to control the actions of a third party absent a disparate relationship between a plaintiff and defendant that creates a reasonable basis for the placement of trust…
ERNEST W. MARSHALL v. KATHERINE M. WEBBER, 2008 ME 126
Decided July 29, 2008. Per Curiam. Failure to produce a record on appeal renders an appeal frivolous where the appellant knows or should know of such requirement. Webber appealed from a judgment in a post-eviction…
JEFFREY A. DAVIS v. ROBIN ANDERSON, 2008 ME 125
Decided July 29, 2008. Gorman, J. An interlocutory appeal in a parental rights and responsibilities (PR&R) matter meets the death knell exception to the final judgment rule where there is a compelling state interest for…
JOHN KNUTSON v. DEPARTMENT OF SECRETARY OF STATE and HERBERT J. HOFFMAN, 2008 ME 124
Decided July 28, 2008. Saufley, C.J. When petitions in support of a prospective candidate are circulated for signatures the circulator must have direct personal contact with potential signors and observe the signatures. It is enough…
COLE MARINER v. A.P. CONCRETE et al. 2008 ME 123
Decided July 24, 2008. Saufley, C.J. A provisional order that reinstates voluntarily paid benefits pending a ruling on a petition for review is not an order or award of compensation or compensation scheme that [...]