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   State Courts - Maine - March 29, 2006

  
Bradbury v. Bradbury, Docket: Pen-05-64, SUPREME JUDICIAL COURT OF MAINE, March 29, 2006, Decided
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Overview: A trial court properly refused to take a 56-year-old former husband's Social Security benefits into account when distributing marital property. Although the former wife's Maine State Retirement System benefits were divided, the trial court did not abuse its discretion in finding the husband's potential benefits too speculative to consider.

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CHICCARELLI v. BRANN, CIVIL ACTION DOCKET NO. CV-04-302, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, March 29, 2006, Decided
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Depot v. Depot, Docket: And-04-514, SUPREME JUDICIAL COURT OF MAINE, March 29, 2006, Decided
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Overview: A trial court erred in awarding a wife a portion of the parties' marital assets in order to offset the Social Security benefits that the husband was expected to receive, as such violated 42 U.S.C.S. § 407(a); however, such benefits could be considered in equitably distributing the property pursuant to Me. Rev. Stat. Ann. tit. 19-A, § 953 (2005).

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HILL v. SHAW BROS. CONSTR., INC., CIVIL ACTION DOCKET NO. CV-05-057, SUPERIOR COURT OF MAINE, YORK COUNTY, March 29, 2006, Decided
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In re Austin T., Docket: Aro-05-580, SUPREME JUDICIAL COURT OF MAINE, March 29, 2006, Decided
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Overview: No child protection order under Me. Rev. Stat. Ann. tit. 22, § 4035 was necessary to give a district court jurisdiction over a mother's petition to terminate a father's parental rights under Me. Rev. Stat. Ann. tit. 22, § 4052(1). The mother's court order of custody under Me. Rev. Stat. Ann. tit. 19-A, § 1653 was sufficient.

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Kwasnik v. HHS, Docket: Cum-05-486, SUPREME JUDICIAL COURT OF MAINE, March 29, 2006, Decided
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LINCOLN RENTAL SYS. v. LINCOLN SANITARY DIST., CIVIL ACTION Docket No. CV-04-203, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, March 29, 2006, Decided , March 29, 2006, Filed
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State v. Gray, Docket: And-04-461, SUPREME JUDICIAL COURT OF MAINE, March 29, 2006, Decided
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Overview: Defendant's 40-year sentence for gross sexual assault, attempted murder, and arson after his attack on a 76-year-old neighbor was not an abuse of discretion or excessive under Me. Rev. Stat. Ann. tit. 17-A, § 1252-C in spite of his brain damage. Multiple aggravating factors, public safety, and the gravity of the offense were properly considered.

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TOWN OF TURNER v. WHITMAN, CIVIL ACTION Docket No. CV-04-168, SUPERIOR COURT OF MAINE, ANDROSCOGGIN COUNTY, March 29, 2006, Decided
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