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   State Courts - Maine - January 30 - February 2, 2007

  
Batchelder v. Realty Res. Hospitality, LLC, Docket: Pen-06-151, SUPREME JUDICIAL COURT OF MAINE, January 30, 2007, Decided
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Overview: It was not obvious error to instruct a jury on an integrated enterprise theory as to claimed civil rights violations, to which the employer did not object at trial. Me. Rev. Stat. Ann. tit. 5, § 2613 (2006) did not state a legislative intent to require less than clear and convincing proof to recover punitive damages for employment discrimination.

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In re Nadeau, Docket: Jud-05-01, SUPREME JUDICIAL COURT OF MAINE, January 30, 2007, Decided
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Overview: A judge violated Me. Code Jud. Conduct 5(B)(2)(c) by knowingly misrepresenting, in a political advertisement, the contents of a videotape of one of his opponents, but it was not shown that his factually incorrect representations concerning another opponent were made with actual knowledge of the fact in question, so they were not made knowingly.

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State v. Black, Docket: Yor-05-336, SUPREME JUDICIAL COURT OF MAINE, January 30, 2007, Decided
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Overview: Although trial court fully and effectively explained its reasons for imposing five-year sentence and for balancing manifold goals of sentencing to determine the unsuspended portion of the sentence under Me. Rev. Stat. Ann. tit. 17-A, § 1201, the trial court did not address reason for imposing four years of probation, and remand was required.

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State v. Hamel, Docket: Cum-06-200, SUPREME JUDICIAL COURT OF MAINE, January 30, 2007, Decided
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Overview: Record supported finding that officer had independent recollection of event, and trial court did not err in allowing officer's testimony and his use of notes pursuant to Me. R. Evid. 612. Also, trial court did not err by limiting relevant questioning of officer on basis of delay, waste of time, or needless presentation of cumulative evidence.

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State v. Thongsavanh, Docket: And-06-46, SUPREME JUDICIAL COURT OF MAINE, January 30, 2007, Decided
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Overview: Although criminally negligent manslaughter was charged when State charged defendant with depraved indifference murder, Me. Rev. Stat. Ann. tit. 17-A, § 201(1-A), court was not required to instruct on lesser-included offense as there was no basis in evidence for finding defendant guilty of lesser offense, Me. Rev. Stat. Ann. tit. 17-A, § 13-A(1).

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ATLANTIC REGIONAL FED. CREDIT UNION v. ROBERT & MARY, CIVIL ACTION DOCKET NO: AP-05-100, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, January 31, 2007, Decided
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Cheung v. Wu, Docket: Ken-06-54, SUPREME JUDICIAL COURT OF MAINE, February 1, 2007, Decided
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Overview: When a creditor was on notice that debtors were claiming that they could offset what they owed by what they paid on the creditor's liabilities in the creditor's action to collect on a promissory note, a trial court did not err when it interpreted its pretrial orders to include the equitable defense of recoupment.

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Melton-Matthews v. Casella Waste Sys., CIVIL ACTION DOCKET NO. CV-06-307, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, February 1, 2007, Decided
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DONAHUE v. LILLEY, CIVIL ACTION DOCKET NO. CV-06-216, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, February 2, 2007, Decided
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Woods v. Inhabitants of York, CIVIL ACTION DOCKET NOS. AP-02-042, AP-02-043, AP-02-044, SUPERIOR COURT OF MAINE, YORK COUNTY, February 2, 2007, Decided
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