Maine Appeals
Maine Appeals

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In this blog, we seek to discuss issues relating to appeals and appellate law in Maine, including the activities and decisions of the Maine Supreme Judicial Court and First Circuit Court of Appeals relevant to Maine, and other participants in the Maine appellate community.

May 30, 2008

Nelson, agency deference & the AG as big kahuna

The SJC decided an administrative appeal on Thursday that has multiple points of interest. Nelson v. Bayroot: http://www.maine.gov/tools/whatsnew/attach.php?id=56491&an=1 The most obvious...

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May 28, 2008

Hiyo Silver and the AUSA

So I was roaming through the wedding notices in the Style section of the Sunday New York Times last week, when who should I see getting married but Justice Silver's son.  Congratulations!  T...

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May 23, 2008

Cultural Defenses & Ignorance of the Law

On Tuesday, the First Circuit issued U.S. v. Ortiz-Graulau, 06-1768:  http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1768.01A There, the Court affirms a conviction for exploitin...

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May 20, 2008

First Females – a correction and amplification

Clarifying my entry from yesterday, Judge Lynch will be the first female Chief Judge for the First Circuit.  The first female Chief Judge of any U.S. Court of Appeals was Florence Allen, of...

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May 19, 2008

Hail to the Chiefs & more women in charge

As I mentioned in an earlier posting, next month Judge Lynch will become the first Chief Judge of a U.S. Court of Appeals.  The NLJ did a nice write-up: http://www.law.com/jsp/nlj/PubArtic...

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May 16, 2008

Recent First Circuit Decisions – Part III

3.  Trans-pec Truck Service, Inc. v. Caterillar, Inc. http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=07-1476.01A The third decision of interest relates to procedural issues relating...

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May 13, 2008

Recent First Circuit opinions – Part II

The second recent First Circuit decision of interest is Hannon v. Cook: http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=07-2272.01A This goes to the issue of personal jurisdiction....

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May 12, 2008

Recent First Circuit decisions of interest – Part I

The First Circuit recently decided several cases with language of general interest.  Here's one of them. 1.  Torres-Rivera v. O'Neill-Cancel, No. 07-1806 http://www.ca1.uscourts.gov/cgi-bi...

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May 09, 2008

Skee-doo skidoo, or the current law on due process

Yesterday the SJC reversed a District Court ruling that prohibition of personalized watercraft on great ponds violated substantive due process:    http://www.courts.state.me.us/court_info/o...

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May 01, 2008

History of the Maine Courts

When is the Court the Law Court, and when is it the Supreme Judicial Court? Why is it the Supreme Judicial Court and not the Supreme Court -- isn't "Supreme Judicial" redundant? For the answ...

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