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| Estate of Fournier, Docket: Aro-05-661,
SUPREME JUDICIAL COURT OF MAINE, July 26, 2006, Decided
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Overview: Probate court clearly erred in finding prospective beneficiary was to take money settlor, her late brother, gave to couple as settlor's personal representative; clear and convincing evidence showed settlor gave money to couple to hold for her and, thus, that he created oral trust pursuant to Me. Rev. Stat. Ann. tit. 18-B, § 402(1) for her benefit.
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| State v. Falcone, Docket: Cum-05-394 & Yor-05-431,
SUPREME JUDICIAL COURT OF MAINE, July 27, 2006, Decided
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Overview: When Me. Rev. Stat. Ann. tit. 36, § 5102(5)(A) (2005) was read in the context of the tax code and two centuries of usage, the term "domiciled" was not unconstitutionally vague; consequently, the trial court erred in dismissing the indictments against two defendants for tax evasion.
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| State v. Neild, Docket: Lin-05-143,
SUPREME JUDICIAL COURT OF MAINE, July 27, 2006, Decided
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Overview: Trial court erroneously denied defendant's request for instruction on defense of premises under Me. Rev. Stat. Ann. tit. 17-A, § 104(1). Defendant was licensed by his girlfriend to be on property. Defendant reasonably believed he was terminating criminal trespass, as victim had refused what could have been girlfriend's requests to leave premises.
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| Johnson v. City of Augusta, Docket: Ken-06-360,
SUPREME JUDICIAL COURT OF MAINE, July 28, 2006, Decided
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Overview: A preliminary injunction ordering a city clerk to print and deliver initiative petitions for three ballot questions was vacated on the city's appeal. The matter was unripe and the injunction was premature because the city had not yet acted on the applications for issuance of the petitions when a voter filed the action to compel it to issue them.
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| Lewis v. Keegan, Docket: Lin-05-18,
SUPREME JUDICIAL COURT OF MAINE, July 28, 2006, Decided
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Overview: School administrators' appeal from a denial of summary judgment was dismissed as interlocutory. Because the trial court ruled only that issues of material fact existed on a teacher's tort claims and claim under § 1983 and did not rule on immunity under the Maine Tort Claims Act, the death knell exception to the final judgment rule did not apply.
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| Hayes v. Iworx, CIVIL ACTION DOCKET NO. CV-06-168,
SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, July 31, 2006, Decided
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| Save Our Sebasticook v. Me. Bd. of Envtl. Prot., CIVIL ACTION DOCKET NO. AP-05-19,
SUPERIOR COURT OF MAINE, KENNEBEC COUNTY, July 31, 2006, Decided
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| Thayer v. Mason, CIVIL ACTION Docket No. CV-05-211,
SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, July 31, 2006, Filed and Entered
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