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| Maravell v. R.J. Grondin & Sons, Docekt: Yor-05-276,
SUPREME JUDICIAL COURT OF MAINE, January 2, 2007, Decided
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Overview: Granting summary judgment to property owner and general contractor in claimant's case for hearing loss she allegedly sustained due to their blasting activities was error; she produced expert testimony about duties owed, property owner allegedly knew of unreasonable risk of harm and general contractor allegedly failed to take certain precautions.
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| State v. Ngo, Docket: Cum-06-526,
SUPREME JUDICIAL COURT OF MAINE, January 4, 2007, Decided
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Overview: Motion under Me. R. Crim. P. 1(c), which sought relief that the post-conviction review process was intended to provide, could not have circumvented that process or defeated the procedural requirement that post-conviction review take place in the superior court. A district court properly dismissed the motion.
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| Bracale v. Gibbs, Docket: Han-06-197,
SUPREME JUDICIAL COURT OF MAINE, January 9, 2007, Decided
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Overview: Trial court properly entered judgment in favor of sellers as to a purchaser's specific performance action because the conveyance of a second parcel to the sellers by the government in relation to a trade which transferred to the sellers the property sold to the purchaser did not oblige the sellers to convey the second parcel to the purchaser.
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| In re Adoption of Spado, Docket: Kno-06-23,
SUPREME JUDICIAL COURT OF MAINE, January 9, 2007, Decided
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Overview: Because the trustees used the wrong probate form to commence a adoption annulment proceeding and Form N-103 did not advise the adopted daughter that a written reply was required, the notice to the adopted daughter was plainly insufficient under Me. R. Prob. P. 4(a)(1)(B). Thus, the court erred in granting the default judgment.
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| Kobritz v. Severance, Docket: Pen-06-199,
SUPREME JUDICIAL COURT OF MAINE, January 9, 2007, Decided
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Overview: An estate creditor was not entitled to summary judgment in his action to void as fraudulent a deed from heirs to a grantee when there were disputed facts about whether the creditor should have discovered the conveyance of the farm, which was publicly recorded, within the six-year statute of limitations of Me. Rev. Stat. Ann. tit. 14, § 859.
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| Randazzo v. Peter L. Rist & Kennebunk Prop. Servs., CIVIL ACTION DOCKET NO. CV-05-259,
SUPERIOR COURT OF MAINE, YORK COUNTY, January 9, 2007, Decided
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| State v. Masker, Docket: Han-06-118,
SUPREME JUDICIAL COURT OF MAINE, January 9, 2007, Decided
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Overview: Trial court did not err in instructing the jury that it was required to return a guilty verdict if the State had proved all of the elements of the alleged offenses beyond a reasonable doubt; although it may have been a reality of life that jury nullification occurred, Maine courts had never recognized jury nullification as a right of a defendant.
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| State v. Stevens, Docket: Ken-05-700,
SUPREME JUDICIAL COURT OF MAINE, January 9, 2007, Decided
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Overview: Because the interplay between Me. Rev. Stat. Ann. tit. 29-A, § 2411(1-A)(D)(2) and Me. Rev. Stat. Ann. tit. 17-A, § 9-A(3) was ambiguous, the rule of lenity applied. Thus, the appellate court resolved the ambiguity in favor of defendant and affirmed the trial court's dismissal of the OUI charge as a Class C crime.
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| Liberty Ins. Underwriters v. Howison, CIVIL ACTION DOCKET NO. CV-06-18,
SUPERIOR COURT OF MAINE, YORK COUNTY, January 10, 2007, Decided
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