Latest 2 Cases: State v. Armstrong (Civil Rights), Teske v. Teske (Family Law)

What Happened in Kahler v. Kansas?

SHERRY F. COLB

Cornell law professor Sherry F. Colb describes how the U.S. Supreme Court purported to allow the state of Kansas to substitute one insanity defense for another, but in fact approved its abolishment of the insanity defense altogether. Colb explains the difference between the insanity defense—an affirmative defense to the commission of a crime—and facts that negate mens rea—the mental element of a crime. Colb also notes how in dissent, Justice Stephen Breyer made a case for veganism, albeit probably inadvertently.

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State v. Armstrong

Citation: 2020 ME 97

Opinion Date: July 14, 2020

Judge: Ellen A. Gorman

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court vacated the trial court's judgment on remand after Defendant successfully argued that his two convictions of felony murder and robbery violated his right to be free from double jeopardy, holding that the trial court erred by allowing the State to dismiss the robbery count on remand rather than merging it into the felony murder count. On remand, instead of the trial court merging the counts, the robbery count was dismissed by the State. The Supreme Judicial Court vacated the judgment, holding (1) when a trial results in multiple verdicts for the same offense, the appropriate procedure to prevent a double jeopardy violation is to merge, not dismiss, the duplicative counts; and (2) the trial court's failure to hold a new sentencing hearing on remand and conduct a new sentencing analysis pursuant to Me. Rev. Stat. 17-A, 1602 deprived Defendant of a substantial right.

Teske v. Teske

Citation: 2020 ME 98

Opinion Date: July 14, 2020

Judge: Ellen A. Gorman

Areas of Law: Family Law

The Supreme Judicial Court vacated the portion of the judgment of divorce denying Sarah Teske's request to change her name and otherwise affirmed the judgment, holding that the court's rationale for denying the name change was erroneous. Tegan Teske filed a complaint for divorce from Sarah. Sarah filed an answer and counterclaim but did not request that the court change her name. Before a final hearing, each party submitted a proposed judgment to the court. Sarah's proposed judgment included a provision changing her name to her former name, Sarah Chagnon. The court subsequently entered a divorce judgment that did not change Sarah's name. The Supreme Judicial Court remanded with instructions to amend the judgment to provide that Sarah Teske's name be changed to Sarah Chagnon, holding that the trial court erred in not granting Sarah's request to change her name to her former name.