Supreme Judicial Court of Maine Court Cases

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  1. Rideout v. Riendeau (2000)

    [¶ 1] We are called upon here to determine whether Maine's Grandparents Visitation Act violates the constitutional rights of competent parents who choose not to have their children visit with their grandparents. We conclude that the Act, as applied to the facts presented to us, is narrowly tailored to serve a compelling state interest, and thus does not violate the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution.


    Court: Supreme Judicial Court of Maine Docket: Decided November 13, 2000
  2. State v. Pabon (2011)

    [¶ 1] Luis Pabon appeals from a judgment entered in the Superior Court (Cumberland County, Warren, J.) after a jury verdict convicting him of elevated aggravated assault (Class A), 17-A M.R.S. § 208-B(1)(A) (2010), and attempted murder (Class A), 17-A M.R.S. § 152(1)(A) (2010). He asserts that the court's failure to include the dwelling-place exception to the duty to retreat when instructing the jury on self-defense constitutes obvious error. We affirm the judgment.


    Court: Supreme Judicial Court of Maine Docket: Docket: Cum-08-206
  3. State v. Bruzzese (2009)

    [¶ 1] Gina Bruzzese appeals from a judgment of conviction of theft of property having a value of more than $1,000 but not more than $10,000 (Class C), 17-A M.R.S. § 353(1)(B)(4) (2008), entered in the Superior Court (Cumberland County, Warren, J.) upon a jury verdict. Although Bruzzese raises several issues concerning the admission of certain evidence and the propriety of the court's jury instructions, we discuss only one question: whether the evidence presented at trial was sufficient for [...]

    Court: Supreme Judicial Court of Maine Docket: Docket: Cum-08-579
  4. Curtis v. Porter (2001)

    [¶ 1] Barbara Curtis appeals from the judgment of the Superior Court (Kennebec County, Atwood, J.) granting Lisa Gagne's[1] amended motion for summary judgment on Curtis's claims for intentional infliction of emotional distress and negligent infliction of emotional distress. Curtis contends that the Superior Court erred in determining that Gagne was entitled to the judgment. We affirm the judgment in part and vacate in part.


    Court: Supreme Judicial Court of Maine Docket: Decided: November 15, 2001
  5. Flaherty v. Muther (2011)

    [¶ 1] This case centers on a right-of-way over a private house lot that provides access to a small beach in Cape Elizabeth. The owners of the house lot, Helen Muther and Paul Woods, individually and as trustees of the Buffett Coastal Trust, appeal from a judgment entered in the Superior Court (Cumberland County, Crowley, J.) in favor of the owners of eighteen neighboring properties (the J-Lot owners) and the Broad Cove Shore Association.[1] Muther and Woods contend that the court erred by (1) [...]

    Court: Supreme Judicial Court of Maine Docket: Docket: Cum-09-631
  6. Stanley v. HANCOCK COUNTY COM'RS (2004)

    [¶ 1] Ronald Stanley appeals from the entry of a summary judgment by the Superior Court (Hancock County, Hjelm, J.) in favor of the Hancock County Commissioners. Stanley's complaint alleges that he was terminated from his job as a maintenance worker for Hancock County in violation of the Whistleblowers' Protection Act, 26 M.R.S.A. §§ 831-840 (1988 & Supp.2004), because he had complained to the County about its use of unlicensed workers to perform electrical work. The dispositive issue on [...]

    Court: Supreme Judicial Court of Maine
  7. In Re Scott S. (2001)

    [¶ 1] The mother and father appeal from the judgment of the District Court (Lewiston, Beliveau, J.) terminating the mother's parental rights to Scott S. and terminating both parents rights to Kaleb C.[1] The parents contend, among other things, that the District Court erred (1) in giving the determination of the best interests of the children precedence over the determination of parental unfitness under 22 M.R.S.A. § 4055(1)(B)(2)(b) (1992), and (2) in considering the findings of fact and [...]

    Court: Supreme Judicial Court of Maine
  8. Mers v. Saunders (2010)

    [¶ 1] Jon E. Saunders and Belinda L. Saunders appeal from entry of a summary judgment in the District Court (Bridgton, Powers, J.) in favor of Deutsche Bank National Trust Company[1] on Mortgage Electronic Registration Systems, Inc.'s (MERS) complaint for foreclosure and sale of the Saunderses' home, pursuant to 14 M.R.S. §§ 6321-6325 (2009). The Saunderses contend that the court erred in granting summary judgment to the Bank because: (1) MERS did not have a stake in the proceedings and [...]

    Court: Supreme Judicial Court of Maine Docket: Docket: Cum-09-640
  9. Cew v. Dew (2004)

    Patricia A. Peard, Esq. (orally), Bernstein, Shur, Sawyer & Nelson, Kenneth P. Altshuler, Esq., Childs, Rundlett, Fifield, Shumway & Altshuler, Portland, Mary L. Bonauto, Esq., Gay & Lesbian Advocates & Defenders, Boston, MA, for appellee.


    Court: Supreme Judicial Court of Maine
  10. Cookson v. BREWER SCHOOL DEPT. (2009)

    [¶ 1] Kelly Jo Cookson appeals from a summary judgment entered in the Superior Court (Penobscot County, Cuddy, J.) in favor of the defendants, Brewer School Department and Superintendent Daniel Lee, on Cookson's complaint alleging (1) sexual orientation employment discrimination, in violation of the Maine Human Rights Act, for the school's failure to rehire her as a high school softball coach, see 5 M.R.S. §§ 4571-4572 (2008), and (2) slander per se regarding certain statements made by Lee [...]

    Court: Supreme Judicial Court of Maine Docket: Docket: Pen-07-706
  11. Burdzel v. Sobus (2000)

    [¶ 1] Klemens Burdzel Jr., (Klemens) appeals from an order of the Superior Court (Kennebec County, Hjelm, J.) granting defendants Emily Sobus and Raymond Burdzel's (Emily and Raymond's) motion for summary judgment against Klemens's claim for tortious interference with an expectancy. Klemens argues that the court erred in ruling that this claim is barred by the statute of limitations. We affirm.


    Court: Supreme Judicial Court of Maine
  12. Mehlhorn v. Derby (2006)

    [¶ 1] Stephen W. Derby, Joseph Geiermann, and Stanwood Newell appeal from a judgment entered in Superior Court (Cumberland County, Warren, J.), ordering them to pay damages to Herbert A. Mehlhorn on both his common law and statutory trespass claims, arising out of the felling of trees on Mehlhorn's property.[1] Derby, Geiermann, and Newell argue that the court erred when it permitted Mehlhorn to recover common law damages based on replacement costs and when it assessed statutory damages [...]

    Court: Supreme Judicial Court of Maine
  13. State v. Allen (2006)

    [¶ 1] Sarah Allen appeals from a judgment of conviction for manslaughter, 17-A M.R.S. § 203(1)(A) (2005), after a jury verdict entered in the Superior Court (Androscoggin County, Gorman, J.). Allen contends that the court erred in prohibiting an expert defense witness from testifying about recent test results as a discovery sanction, and in allowing the State to introduce evidence of a spanking that Allen's husband inflicted on their son the night before the son suffered injuries that [...]

    Court: Supreme Judicial Court of Maine Docket: Argued: November 14, 2005
  14. Efstathiou v. Efstathiou (2009)

    [¶ 1] Merrill A. Efstathiou appeals from a judgment of the District Court (York, Cantara, J.) denying her motion for contempt filed against her ex-husband, Dennis A. Efstathiou, seeking to compel compliance with economic provisions in the parties' divorce judgment. Merrill argues that: (1) Dennis was collaterally estopped from raising issues that had been resolved in the divorce judgment; (2) the court erred in finding that Dennis lacked the ability to pay what he owes pursuant to the divorce [...]

    Court: Supreme Judicial Court of Maine Docket: Yor-09-338
  15. State v. Cookson (2003)

    [¶ 1] Jeffery A. Cookson appeals from a judgment entered in the Superior Court (Penobscot County, Cole, J.), after a jury trial, convicting him of two counts of murder (17-A M.R.S.A. § 201(1)(A) (1983)). Cookson contends that testimony from a nurse practitioner should not have been admitted because the testimony was not relevant and the witness was not qualified. He also argues that he is entitled to a new trial because evidence from a firearms expert, tying Cookson to the alleged murder [...]

    Court: Supreme Judicial Court of Maine
  16. Currie v. Industrial Sec., Inc. (2007)

    [¶ 1] Herschel Currie appeals from a summary judgment entered in the Superior Court (Aroostook County, Hunter, J.) in favor of Industrial Security, Inc. (ISI) and Irving Forest Products, Inc. (IFPI). Currie contends that the court erred in finding that the statements of material facts did not generate genuine issues of material fact with respect to his claims that ISI and IFPI violated the Maine Human Rights Act, 5 M.R.S. §§ 4551-4634 (2005) (MHRA), and the Whistleblowers' Protection Act, [...]

    Court: Supreme Judicial Court of Maine
  17. State v. Roberts (2008)

    G. Steven Rowe, Attorney General, Donald W. Macomber, Asst. Atty. Gen., William R. Stokes, Dep. Atty. Gen. (orally), Fernand R. Larochelle, Asst. Atty. Gen., Office of Attorney General, Augusta, ME, for the State of Maine.


    Court: Supreme Judicial Court of Maine Docket: Docket: And-07-455
  18. Lee v. Scotia Prince Cruises Ltd. (2003)

    [¶ 1] Scotia Prince Cruises Limited (Scotia) appeals from a judgment entered in favor of Gaston C.S. Lee on all counts after a jury trial in the Superior Court (Cumberland County, Crowley, J.). Lee brought an action for breach of an employment contract against Scotia. Scotia counterclaimed for negligence, breach of fiduciary duty and breach of contract. Scotia argues that the court: (1) should not have submitted the issue of waiver of its counterclaims to the jury, and the jury erroneously [...]

    Court: Supreme Judicial Court of Maine
  19. Stickney v. City of Saco (2001)

    S. James Levis Jr., Esq., (orally), Levis & Hull, P.A., Biddeford, (for William and Tammy DesJardins) John J. Wall III, Esq., (orally), Monaghan, Leahy, Hochadel & Libby, LLP, Portland, (for City of Saco) for defendants.


    Court: Supreme Judicial Court of Maine
  20. Fortin v. Roman Catholic Bishop of Portland (2005)

    Gerald F. Petruccelli, Esq. (orally), Bradford A. Pattershall, Esq., Petruccelli, Martin & Haddow, LLP, Thomas R. Kelly, Esq., Peter M. Rosenberg, Esq., Robinson, Kriger & McCallum, Portland, for defendant.


    Court: Supreme Judicial Court of Maine Docket: Argued: November 16, 2004

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