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   State Courts - Maine - February 14 - February 17, 2006

  
CONCORD GEN. MUT. INS. CO. v. CASTELLANO, CIVIL ACTION DOCKET NO. CV-05-214, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, February 14, 2006, Decided
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FERGUSON v. LORD, CIVIL ACTION DOCKET NO. RE-04-026, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, February 14, 2006, Decided
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CLARK v. NICHOLAS, CIVIL ACTION DOCKET NO. AP-05-23, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, February 15, 2006, Decided
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STATE v. TIBBETTS, CRIMINAL ACTION DOCKET NO. CR-05-594, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, February 15, 2006, Decided , February 15, 2006, Filed
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Fox Island Granite Co. v. Am. Granite Mfrs., Docket: Kno-05-264, SUPREME JUDICIAL COURT OF MAINE, February 16, 2006, Decided
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Overview: Trial court did not err in denying a motion to continue a damages hearing pursuant to Me. R. Civ. P. 40 where, inter alia, the buyer's clerk was properly served with the complaint, the buyer had 30 days to prepare for the hearing, and the buyer did not file affidavits, nor specify names of unavailable witnesses or what they would testify to.

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State v. Dhuy, CIVIL ACTION DOCKET NO. CV-04-225, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, February 16, 2006, Decided
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State v. Wright, Docket: Sag-05-234, SUPREME JUDICIAL COURT OF MAINE, February 16, 2006, Decided
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Overview: Where affidavit for search warrant included statement that, based on officer's training and experience, a person tended to keep child pornography images indefinitely, there was substantial basis to find that, despite passage of 80 days from time pornography was seen on defendant's computer, the contraband was likely still in his possession.

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McGowan v. State, Docket: Was-05-238, SUPREME JUDICIAL COURT OF MAINE, February 17, 2006, Decided
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Overview: Postconviction court's grant of relief was vacated, and the case was remanded for entry of a judgment denying defendant's petition for ineffective assistance of counsel under U.S. Const. amend. VI and Me. Const. art. I, § 6 as defendant on appellate review could not show substantial prejudice resulting from his trial counsel's conduct of the trial.

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Me. Eye Care Assocs. P.A. v. Gorman, Docket: Ken-04-704, SUPREME JUDICIAL COURT OF MAINE, February 17, 2006, Decided
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Overview: As plaintiff had the burden to prove by clear and convincing evidence that defendant fraudulently misrepresented her intention to buy plaintiff's medical practice, but the record did not show whether the trial court applied that standard instead of the preponderance-of-the-evidence standard, the matter was remanded for reevaluation of that claim.

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Reid v. Reid, CIVIL ACTION DOCKET NO. CV-04-148, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, February 17, 2006, Decided
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