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   State Courts - Maine - July 6 - July 11, 2006

  
State v. Gach, Docket: Ken-04-157, SUPREME JUDICIAL COURT OF MAINE, July 6, 2006, Decided
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Overview: Since defendant did not file a motion to withdraw a plea of guilty or no contest pursuant to Me. R. Crim. P. 32(d) prior to the trial court's imposition of sentence, he was barred from taking a direct appeal to challenge the plea based on the asserted grounds that he was not advised of, and did not voluntarily waive, his right to counsel.

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State v. Ouellette, Docket: Yor-05-430, SUPREME JUDICIAL COURT OF MAINE, July 6, 2006, Decided
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Overview: Trial court erred in finding defendant voluntarily, knowingly, and intelligently waived right to jury trial. Representation by lawyer for day did not warrant finding defendant's waiver was knowing and intelligent; court could not impose upon such lawyer burden of advising clients of constitutional and other rights and procedures in criminal cases.

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State v. Tuplin, Docket: Cum-05-86, SUPREME JUDICIAL COURT OF MAINE, July 6, 2006, Decided
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Overview: Trial court adequately instructed defendant regarding right to testify, then recessed, allowing defendant time to consider whether to testify. Defendant stated that he understood his rights, and totality of his conduct during trial implied a waiver of right to testify under Due Process Clause and election of his self-incrimination privilege.

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State v. Watson, Docket: Pen-03-715 & Som-03-576, SUPREME JUDICIAL COURT OF MAINE, July 6, 2006, Decided
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Overview: Although one defendant's waiver of counsel was proper, because a second defendant did not receive any warnings or information related to the inherent risks of proceeding to trial without counsel, as required by U.S. Const. amend. VI and Me. Const. art. I, § 6, his waiver of counsel was not knowing and intelligent.

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GILE v. ALBERT, CIVIL ACTION DOCKET NO: CV-05-355, SUPERIOR COURT OF MAINE, YORK COUNTY, July 7, 2006, Decided
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GILE v. GARY H. REINER & REINER & BOUFFARD, CIVIL ACTION DOCKET NO: CV-06-031, SUPERIOR COURT OF MAINE, YORK COUNTY, July 7, 2006, Decided
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ALLSTATE INS. CO. v. ZYSK, CIVIL ACTION DOCKET NO. CV-05-241, SUPERIOR COURT OF MAINE, YORK COUNTY, July 11, 2006, Decided
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STATE v. PADDACK, CRIMINAL ACTION DOCKET NO. CR-05-619, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, July 11, 2006, Decided
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STATE v. ROBERTS, CRIMINAL ACTION DOCKET NO. CR-06-369, SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, July 11, 2006, Decided
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