INVITATION TO FILE AMICUS BRIEFS


Law Court invites amicus briefs on
whether the State must prove what distracting activity
the defendant was engaged in to prove that the driver was
“engaged in the operation of a motor vehicle while distracted”

Documents:

In order to establish that the traffic infraction of failure to maintain control of a motor vehicle by operating a vehicle while distracted, 29-A M.R.S. § 2118(2)(A), has been committed, the State must prove, by a preponderance of the evidence, that a driver commits either a traffic infraction or the crime of driving to endanger while engaged in an activity “[t]hat is not necessary to the operation of the vehicle” and that “actually impairs, or would reasonably be expected to impair, the ability of the person to safely operate the vehicle.” 29-A M.R.S. § 2118(1).  The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of State of Maine v. Thomas E. Palmer,Law Court docket number Sag-16-184, on the issue of whether the State must prove what distracting activity a driver was engaged in to prove that the driver was “engaged in the operation of a motor vehicle while distracted.”  The parties’ briefs and the appendix are available at the links above.

An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before March 29, 2017.  An amicus brief must be filed at the address listed below, and must comply with  M.R. App. P. 7(c), 9(e)(1), and 9(f).  In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single “native” or text-based .pdf file, to lawcourt.clerk@courts.maine.gov.

Dated:  March 2, 2017

Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov