SAUFLEY, C.J. [ 1] Eighteen-year-old Kristina Lowe lay in the hospital, sedated, frostbitten, immobilized, and severely injured when a Maine State Police trooper, without providing Miranda warnings, questioned her about the car accident that caused Lowe's injuries. After a pause in the questioning, during which the trooper received more information about the crash, the trooper told Lowe that two of her friends who had been in the backseat of the car were dead, and that a fourth person was...
MEAD, J. [ 1] Thayne M. Ormsby appeals from a judgment of conviction entered by the trial court ( Hunter, J. ), and from the sentences it imposed, following jury verdicts convicting him and finding him criminally responsible for three counts of murder, 17-A M.R.S. 201(1)(A) (2012), and one count of arson (Class A), 17-A M.R.S. 802(1)(A) (2012). Ormsby contends, inter alia, that the court erred in (1) denying his motion to suppress statements that he made to the Maine State Police, (2)...
SAUFLEY, C.J. [ 1] The National Organization for Marriage (NOM), Stand for Marriage Maine PAC (SMM), and Brian Brown appeal from a judgment of the Superior Court (Kennebec County, Murphy, J.) affirming the decision of the Commission on Governmental Ethics and Election Practices refusing to vacate or modify its subpoenas demanding information from NOM and Brown, including the names of donors to NOM. The appellants contend that the Commission's subpoenas infringe on their First Amendment...
JABAR, J. [ 1] Summerwind Cottage, LLC and Peter and Libby Cassat appeal from a judgment entered in the Superior Court (Cumberland County, Mills, J. ) affirming the decision of the Scarborough Zoning Board of Appeals (ZBA) granting a setback variance to abutting property owners in the Higgins Beach neighborhood of Scarborough. Summerwind Cottage argues that the Superior Court's judgment should be vacated because the ZBA erred in relying on the Official Shoreland Zoning Map to conclude that...
MEAD, J. [ 1] John Does I, III, IV, V, VI, VII, VIII, X, XIII, XVI, XVIII, XXIV, and XLIII, joined by John Does XIX 1 and XXIII, appeal from a summary judgment entered in the Superior Court (Kennebec County, Murphy, J. ) in favor of numerous State officials on the parties' cross-motions for summary judgment. The Does challenge the constitutionality of Maine's Sex Offender Registration and Notification Act of 1999 (SORNA of 1999), 34-A M.R.S. 11201-11256 (2012). We affirm the trial court'...
LEVY, J. [ 1] This case is before us on report from the Superior Court (Kennebec County, Murphy, J. ), pursuant to M.R.App. P. 24(b), following a motion by the State, the Department of Professional and Financial Regulations, and the Bureau of Insurance (collectively, the Bureau), to vacate an arbitration award reinstating Michael Nadeau's employment with the Bureau of Insurance. The Bureau contends that because Nadeau is married to a manager of a Bureau-regulated entity, the award of...
LEVY, J. [ 1] The State of Maine appeals from an order of the trial court ( Mills, J. ) granting Mark W. Strong's motion to dismiss part of an indictment for failure to adequately charge forty-five counts of violation of privacy (Class D), 17-A M.R.S. 511(1)(B), (3) (2012), and one count of conspiracy to commit a violation of privacy (Class E), 17-A M.R.S. 151(1)(E), 511(1)(B), (3) (2012). The State contends that the court erred in granting the M.R.Crim. P. 12(b)(2) motion because it was...
MEAD, J. [ 1] Helen F. appeals from the judgment of the Penobscot County Probate Court ( Woodcock, J. ) adjudicating her to be incapacitated and appointing the Department of Health and Human Services (the Department) as her guardian and conservator. We vacate the judgment and remand the case for further proceedings. I. BACKGROUND [ 2] In March 2012, the Department filed joined petitions in the Penobscot County Probate Court seeking the appointment of a public guardian and conservator for...
