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   State Courts - Maine - August 9 - August 10, 2007

  
Alexandre v. State, Docket: Pen-06-675, SUPREME JUDICIAL COURT OF MAINE, August 9, 2007, Decided
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Overview: Trial court erred in granting post-conviction relief to defendant as to a manslaughter conviction, because Me. Rev. Stat. Ann. tit. 17-A, § 1252(2)(A) (Supp. 1988), established only a single sentencing range of 0 to 40 years, and imposing a sentence which exceeded 20 years based on the heinousness of the crimes was not an Apprendi violation.

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Hall v. Patriot Mut. Ins. Co., Docket: Han-06-231, SUPREME JUDICIAL COURT OF MAINE, August 9, 2007, Decided
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Overview: Because the language in an underinsured policy was ambiguous, it was construed against the insurance company. Since the estate had an aggregate of $ 210,000 available in underinsured coverage, and the surviving spouse had recovered $ 110,000, she stood to recover through the estate up to $ 100,000 if she could establish her damages.

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Peaker v. City of Biddeford, Docket: Yor-06-732, SUPREME JUDICIAL COURT OF MAINE, August 9, 2007, Decided
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Overview: Appeal from trial court's decision vacating board's denial of owners' requests for abatement of property taxes and remanding cases for further action was dismissed as interlocutory because the remand required city to determine amount abatements, was not a ministerial task, and thus matter was not finally resolved by trial court's judgment.

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Langley v. Inhabitants of Hampden, CIVIL ACTION DOCKET NO. CV-06-60, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, August 10, 2007, Decided, August 10, 2007, Filed and Entered
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Martell v. Inh, CIVIL ACTION DOCKET NO. AP-07-05, SUPERIOR COURT OF MAINE, YORK COUNTY, August 10, 2007, Decided
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