PER CURIAM. [ 1] Christopher L. Mosher appeals from a judgment of conviction of domestic violence assault (Class D), 17-A M.R.S. 207-A(1)(A) (2011), entered in the trial court ( Mullen, J. ) following a nonjury trial. Mosher does not contest his conviction; however, he argues that the sentence, which included a period of two years of probation with a requirement that Mosher participate in a certified batterers' intervention program, violated the Equal Protection clauses of the U.S....
LEVY, J. [ 1] Nicklas Jones appeals from a judgment of conviction entered by the trial court ( Daigle, J. ) following his conditional guilty plea to manslaughter (Class A), 17-A M.R.S. 203(1)(A) (2011). Jones contends that the court ( Cuddy, J. ) erred in denying his motion to suppress statements he made to police officers during the investigation of his infant daughter's death. Jones further contends that the Juvenile Court (Caribou, Daigle, J. ) erred by admitting hearsay evidence during...
JABAR, J. [ 1] Sears, Roebuck & Company (Sears) appeals from the entry of a final judgment in the Business and Consumer Docket ( Nivison, J. ) concluding that, as a matter of law, our holding in Linnehan Leasing v. State Tax Assessor, 2006 ME 33, 898 A.2d 408 , applies retroactively. Sears argues that Maine recognizes the practice of retroactively applying certain legal holdings of a decision in a case to the parties in that case but only prospectively in all other instances. 1 Sears...
MEAD, J. [ 1] Maine Public Employees Retirement System (the System) appeals from a judgment of the Superior Court (Kennebec County, Murphy, J. ) reversing the decision of the System's Board of Trustees that denied Goodrich basic life insurance coverage under the group life insurance plan administered by the System. We vacate the judgment of the Superior Court in part and remand for entry of a judgment (1) vacating the decision of the Board, and (2) remanding to the Board with instructions...
SAUFLEY, C.J. [ 1] After a jury trial, Colin Koehler was found guilty of the intentional or knowing murder of a young woman he had known for less than a day, and the court sentenced him to life in prison. See 17-A M.R.S. 201(1)(A), 1251 (2011). Koehler challenges several rulings on evidence, procedure, motions, and jury instructions. He also challenges his sentence, primarily on the grounds that there was insufficient evidence of premeditation, that he has no substantial criminal history,...
MEAD, J. [ 1] Robert Goudreau, Catherine Goudreau, Wilfred Taylor, Marylu Taylor, Jean Campbell, and Robert Campbell ("the Lot Owners") appeal from the judgment entered in the Superior Court (York County, Fritzsche, J. ) finding that they were not entitled to form a road association pursuant to 23 M.R.S. 3101 (2011) and are bound by certain restrictive covenants to pay an annual maintenance fee to Pine Springs Road and Water, LLC (PSRW) for subdivision road maintenance. On appeal, the Lot...
JABAR, J. [ 1] Jack D. Bailey II appeals from a judgment of conviction of ten counts of gross sexual assault (Class A), 17-A M.R.S. 253(1)(B) (2011); 17-A M.R.S.A. 253(1)(B) (Supp.2003), 1 and two counts of unlawful sexual contact (Class C), 17-A M.R.S. 255-A(1)(E) (2011); 17-A M.R.S.A. 255(1)(C) (Supp.2002), 2 entered in the Superior Court (Penobscot County, Anderson, J. ). Bailey argues that the court erred in denying his motion to suppress live-witness testimony because the...
ALEXANDER, J. [ 1] In this appeal, we consider whether the trial court erred in concluding that J. Russell Tarason does not hold an easement over a portion of real property owned by Wesson Realty, LLC, because the 1925 deed that created the easement conveyed only a life estate in a right-of-way that terminated upon the death of the original grantee. [ 2] Tarason appeals from a judgment entered by the Superior Court (York County, Fritzsche, J. ) in favor of Wesson Realty on Tarason's...
SAUFLEY, C.J. [ 1] In this appeal, we are presented with a question of first impression regarding the bulk copying of county registry documents. Specifically, MacImage of Maine, LLC, and its principal, John P. Simpson, have asked the six Maine counties involved in this appeal to provide to them, in a specified digital format, copies of every document contained in the counties' registries of deeds, including the indexes to the recorded documents. The recorded documents are already available to...
ALEXANDER, J. [ 1] William A. Hanaman appeals from a judgment of conviction for intentional or knowing murder, 17-A M.R.S. 201(1)(A) (2011), entered in the Unified Criminal Docket (Cumberland County, Warren, J. ) following a jury trial. Hanaman contends on appeal that the court erred in refusing to instruct the jury on the affirmative defense of adequate provocation to reduce the murder charge to manslaughter, pursuant to 17-A M.R.S. 201(3) (2011); 1 see also 17-A M.R.S. 203(1)(B) (2011)....
SILVER, J. [ 1] John R. Maynard appeals from a judgment, following a bench trial in the District Court (Newport, Sparaco, J. ), convicting him of operating while his license was suspended, with a prior conviction (OAS) (Class E), 29-A M.R.S. 2412-A(1-A)(A)(5), (D) (2011). Maynard argues that (1) the Secretary of State's certification of the notice of his suspension failed to prove the notice element of the OAS charge, and (2) the admission of the Secretary of State's certification violated...
ALEXANDER, J. [ 1] Victor Bravo Aviation, LLC (Victor Bravo) appeals from an order on remand entered in the Business and Consumer Docket ( Humphrey, C.J. ) declining to waive or abate interest for non-payment of use tax assessed against Victor Bravo. Victor Bravo argues that the trial court erred by declining to waive or abate interest assessed against Victor Bravo, pursuant to 36 M.R.S. 186 (2005). 1 We affirm the trial court's order. I. CASE HISTORY [ 2] Victor Bravo, a limited...
LEVY, J. [ 1] Fred D. Gay, Trustee of the Fred D. Gay Revocable Trust, appeals, and Sheila and Scott Dube and Darrell and Lisa Whitney cross-appeal, from a judgment of the Superior Court (York County, Brennan, J. ) regarding the ownership, classification, and use of a road and parcel of land in Dayton. Finding no error, we affirm the judgment. I. BACKGROUND [ 2] The competing claims giving rise to this dispute may be distilled as follows: The Trust claims title by deed or by adverse...
JABAR, J. [ 1] Anthem Health Plans of Maine, Inc., d/b/a Anthem Blue Cross and Blue Shield (Anthem), appeals from the judgment entered in the Business and Consumer Docket ( Humphrey, C.J. ) pursuant to M.R. Civ. P. 80C affirming a decision by the Superintendent of Insurance (1) determining that Anthem's proposed rate increase for its individual health insurance products—an increase of 9.2% that contained a built-in risk and profit margin of 3% for those products—was excessive and unfairly...
LEVY, J. [ 1] In this appeal we consider whether a Maine Drug Enforcement Agency (MDEA) agent initiated interrogation of a criminal defendant who had asserted his right to counsel, while in the agent's custody, in violation of the Fifth Amendment of the United States Constitution and article I, section 6 of the Maine Constitution. [ 2] The State appeals from the judgment of the Superior Court (Aroostook County, Hunter, J. ) granting Scott E. Knowlton's motion to suppress incriminating...
