March 11, 2016 / June 15, 2016 by mindgrub
The Attorney General recently issued an opinion on the constitutionality of proposed legislation to adopt ranked voting, noting that the proposed law presents serious constitutional issues. https://drive.google.com/file/d/0B3PYp5sROj_1RGNBUldIelk0T1lHVTZ1UTRrSkU3eHZtdFZJ/view?pref=2&pli=1. The problem is that the relevant provision in the Maine Constitution refers to vote by a “plurality,” which suggested that you pick the candidate with the most votes and end there.
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March 10, 2016 / June 15, 2016 by mindgrub
Things are hopping on the appellate practice front in Maine. Last month the Maine SJC announced it was creating an advisory committee for the Maine Rules of Appellate Procedure, and on May 20, the SJC will be giving a CLE on Appellate Practice before the Court. (Appellate Practice Before the Maine Supreme Judicial Court (PRACPRO)
March 8, 2016 / June 15, 2016 by mindgrub
On Feb. 29, the Supreme Court heard argument in Williams v. Pennsylvania, a case presenting two issues: (1) should one of the judges hearing the capital case appeal have recused himself due to involvement at the trial level; and, if so (2) what’s the proper remedy, if any, if the majority vote on appeal would remain a majority even excluding that judge’s vote. We’re looking at Q #2 today.
February 19, 2016 / June 15, 2016 by mindgrub
This week the Judiciary Committee voted unanimously to recommend the reappoint of the Honorable Leigh Ingalls Saufley to a third term on the Maine Supreme Judicial Court. She was first nominated to the SJC in 1997 by Gov. Angus King, an Independent. She was confirmed as Chief Justice in 2001 (the first female CJ), and reappointed in 2009 by Governor Baldacci, a Democrat. She has now been nominated for reappointment by Governor Le Page, a Republican. If only it were this easy with the Supreme Court in Washington.
January 25, 2016 / June 15, 2016 by mindgrub
Per our last blog, now let’s take a look at what’s doing in the First Circuit. There are two decisions issued by the CTA1 coming from Maine last month, and both are worth discussion.
January 22, 2016 / June 15, 2016 by mindgrub
Let’s take a look at what the Maine Supreme Judicial Court’s been up to recently.
December 17, 2015 / June 15, 2016 by mindgrub
If you have lived in Maine for any length of time, you remember that in 1979, the Maine Indians claimed 2/3s of the State of Maine. The end result was a settlement, embodied in federal and state statutes, that among other things, gave the tribes federal recognition and $80 million, and set forth reservation boundaries. In an action in which we represented a coalition of municipalities and other users of the Penobscot River, the federal district court confirmed that the Penobscot Reservation does not include, as the Tribe recently claimed, the 60-mile main stem of the Penobscot River. (Order on Cross-Motions for Summary Judgment, Order on the Pending Motions of State Intervenors)
December 15, 2015 / June 15, 2016 by mindgrub
The Maine SJC issued a decision in November in a civil rights case consistent with a line of authority in which the result appears right to me, but the way the Court gets there makes me scratch my head. Marshall v. Town of Dexter, 2015 ME 135
December 11, 2015 / June 15, 2016 by mindgrub
The latest Maine Bar Journal (Fall 2015) has been issued, and included is another set of Judge Hornby’s “Fables” – short lessons in the Aesop mode. These are always enjoyable, thought provoking, and helpful. There are a few this time relevant to appellate practice.
November 9, 2015 / June 15, 2016 by mindgrub
I was perusing recent First Circuit decisions and noticed one that ordered a remand to a different district court judge. U.S. v. Figueroa-Ocasio (Oct. 16, 2016). This is unusual, and got me wondering whether there is any pattern that can be found in these determinations, either in that court or the Maine SJC.
