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State Courts -
Maine - February 20 - February 22, 2007
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State v. Cannell, Docket: Cum-06-303,
SUPREME JUDICIAL COURT OF MAINE, February 20, 2007, Decided
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Overview: Pointing rifle at neighbor was not deadly force, since defendant did not discharge his weapon. However, defense of justification by use of nondeadly force, Me. Rev. Stat. Ann. tit. 17-A, § 2(18), was generated, and State had burden to negate that defense. Trial court erred in evaluating defendant's defense as if he used deadly force.
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RONALD SHERBERT, Plaintiff v. U. CHARLES REMMEL, II, et al., Defendants, CIVIL ACTION DOCKET NO: CV-05-660,
SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, February 22, 2007, Decided
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Roop v. City of Belfast , Docket: Wal-06-70,
SUPREME JUDICIAL COURT OF MAINE, February 22, 2007, Decided
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Overview: Because the injury was the alleged violation of a statutorily mandated review process, and a denial of the right to meaningful participation pursuant to Me. Rev. Stat. Ann. tit. 30-A, § 4324(3) was an injury that was real and present, not abstract or hypothetical, and was particularized to abutting landowners, the abutting landowners had standing.
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