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   State Courts - Maine - February 28 - March 7, 2006

  
STENDIG v. LIBERTY, CIVIL ACTION DOCKET NO: CV-05-214, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, February 28, 2006, Decided
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Stewart Title Guar. Co. v. State Tax Assessor, Docket: Ken-05-270, SUPREME JUDICIAL COURT OF MAINE, February 28, 2006, Decided
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STATE v. MURPHY, CRIMINAL ACTION DOCKET NO. CR-05-612, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, March 1, 2006, Filed
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Smith v. Hawthorne, Docket: Han-04-292, SUPREME JUDICIAL COURT OF MAINE, March 1, 2006, Decided
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Overview: Since the application of Me. Rev. Stat. Ann. tit. 24, §§ 2857(1)(B) and (C) was unconstitutional where the trial court allowed in the prelitigation screening panel's finding that there was no causation, but did not allow in its finding that the doctor was negligent, the patient was denied his right to a jury trial under Me. Const. art. I, § 20.

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Bd. of Overseers v. Nadeau, DOCKET NO. Bar-05-03, SUPREME JUDICIAL COURT OF MAINE, March 2, 2006, Decided
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Overview: A lawyer was publicly reprimanded for, inter alia, misconduct under Me. Bar R. 3.6(f) because he sent correspondence directly to represented parties he was opposing in litigation over ownership of accounts receivable owed to the firm. The parties were former associates in his firm, but were represented by counsel.

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Darling's v. Ford Motor Co., Docket: Pen-05-227, SUPREME JUDICIAL COURT OF MAINE, March 2, 2006, Decided
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Overview: Former Me. Rev. Stat. Ann. tit. 10, § 1176 (1997 & Supp. 2002) explicitly required a manufacturer to either approve or disapprove a dealership's warranty repair claims within 30 days. A manufacturer violated the statute by charging-back paid claims after the 30-day period. Summary judgment and judgment in favor of the dealership was proper.

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State v. Allen, Docket: And-05-201, SUPREME JUDICIAL COURT OF MAINE, March 2, 2006, Decided
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Overview: Since the size and color of bruises on a child victim were pertinent and a photograph showed that it was more probable than not that the marks were not temporary, and the photograph was relevant as to defendant's credibility, it was admissible under Me. R. Evid. 401, 402, and 403 as to the charge under Me. Rev. Stat. Ann. tit. 17-A, § 207(1)(B).

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State v. Allen, Docket: And-05-202, SUPREME JUDICIAL COURT OF MAINE, March 2, 2006, Decided
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Overview: Manslaughter conviction was affirmed as the trial court did not err in prohibiting a defense expert witness from testifying about late test results as a discovery sanction under Me. R. Crim. P. 16A. Further, the court did not err under Me. R. Evid. 401, 403, and 404(b) in allowing evidence of a spanking that defendant's husband gave the victim.

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Huynh v. Robbins, CIVIL ACTION Docket No. RE-01-66, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, March 7, 2006, Filed
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SUPINO v. LONG SANDS GROCERY, CIVIL COURT DOCKET NO. RE-05-005, SUPERIOR COURT OF MAINE, YORK COUNTY, March 7, 2006, Decided
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