Supreme Judicial Court Calendar

After a jury trial, Abidrahmon Adbullahi was convicted of unlawful trafficking in scheduled drugs (Class B) and falsifying physical evidence (Class D).  Adbullahi appeals, arguing that (1) the trial court erred in denying his motion to suppress evidence of a substance that law enforcement seized and (2) there was insufficient evidence to support the conviction for trafficking.

After a jury trial, Kyle Chase was convicted of aggravated assault (Class B), robbery (Class B), domestic violence assault (Class D), domestic violence criminal threatening (Class D), and theft (Class E).  Chase appeals, arguing that the trial court erred in (1) failing to instruct the jury that, as to certain charges, they must unanimously determine that at least one of several charged incidents occurred, (2) failing to merge the charges of aggravated assault and domestic violence assault and failing to merge the charges of robbery and theft; and (3) increasing his sentence because he “insisted on a trial.”

The State of Maine argues that the trial court erred in (1) excusing certain prospective jurors in a process that was designed to exclude females and (2) excluding from evidence the State’s proffered out-of-court “prior consistent statements” of the victim.

The Superior Court dismissed Patricia Leighton’s claims against Marc Lowenberg, Brian Kantor, and their dental practice for wrongful use of civil proceedings, abuse of process, and invasion of privacy resulting from the dentists’ earlier lawsuit against Leighton for defamation.  Leighton appeals, arguing that the court erred in determining that she had failed to state a cause of action on each count.  The dentists cross-appeal, arguing that the Superior Court erred in denying their special motion to dismiss under Maine’s anti-SLAPP statute because Leighton failed to show “actual injury” resulting from their defamation action against her.

The Town of Vinalhaven’s tax assessor denied a property tax exemption to the non-profit Hurricane Island Foundation for land that it leased.  The Foundation sought judicial review from the Superior Court pursuant to M.R. Civ. P. 80B.  The Superior Court vacated the assessor’s decision.  The Town appeals, arguing that (1) the Superior Court did not have jurisdiction to review the assessor’s decision because the Foundation failed to follow the statutory process for an abatement and (2) the assessor correctly determined that the Foundation was not entitled to an exemption. 

After a jury trial, Derric McLain was convicted of aggravated trafficking of scheduled drugs (Class A) and violating a condition of release (Class E).  McLain appeals, arguing that the trial court erred in (1) determining that law enforcement officers had a reasonable articulable suspicion to justify the stop of the vehicle McLain was riding in and denying his motion to suppress evidence obtained during the stop and (2) determining that McLain had waived his right to counsel after being read his Miranda rights and denying his motion to suppress evidence obtained in the interrogation that followed. 

The Law Court invited amicus briefs and supplemental briefs from the parties on issues relating to a defendant’s rights to counsel under the Maine Constitution before being interrogated by law enforcement.

Richard Murray-Burns pleaded guilty to ten counts of aggravated attempted murder (Class A) and to other offenses.  The trial court sentenced him to five consecutive terms of 45 years’ imprisonment on the counts for aggravated attempted murder.  Murray-Burns appeals from the sentences, arguing that the sentencing court illegally imposed consecutive sentences, that the sentences were disproportionate to the offenses, and that on remand the sentencing court cannot impose a longer sentence on any individual count. 

The Superior Court determined that the Maine State Police Crime Lab properly withheld certain documents when it responded to Keegan Fairfield’s request under the Maine Freedom of Access Act.  Fairfield appeals, arguing that (1) the Superior Court erred in determining that the withheld documents were confidential under various statutes and (2) the Superior Court violated the law-of-the-case doctrine when it vacated an earlier procedural order setting the matter for a testimonial hearing and later determined that no testimonial hearing was necessary.

Kathleen and Thomas Bryant filed in the Superior Court a request for judicial review of various licenses to sell fireworks that the Town of Wiscasset granted to Big Al’s Outlet, Inc.  The court determined that the challenge to certain annual licenses was moot because the licenses had expired.  The court affirmed the Town’s decision to award Big Al’s a three-year business license. 

The Bryants appeal, arguing that (1) Big Al’s and its owners, Allen and Melissa Cohen, cannot legally operate the fireworks business; (2) the Superior Court erred in dismissing as moot the Bryants’ challenges to the expired annual licenses because the challenges fall under exceptions to the mootness doctrine; and (3) the Superior Court erred in determining that it could not consider an earlier Superior Court order by another justice.  Big Al’s and the Cohens argue that the Bryants are precluded under the doctrine of res judicata from making their arguments about the licenses because they have previously challenged the legality of Big Al’s operations.

The District Court entered a judgment of divorce between the parties.  Daniel Bolduc appeals, arguing that (1) the trial court did not have jurisdiction to determine that Sarah’s father still owned a one-half interest in the marital home, which Sarah and her father had purchased during the marriage as joint tenants but which her father did not contribute to after the initial purchase, because Sarah’s father is not a party to the divorce action; and (2) considering the value of the marital home at the time that the parties separated, rather than at the time of entry of judgment, in determining the property division between the parties.