Latest 3 Cases: State v. Bethea (Criminal Law), In re Child of Nichole W. (Family Law), Blanchard v. Town of Bar Harbor (Real Estate & Property Law)

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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State v. Bethea

Citation: 2019 ME 169

Opinion Date: December 19, 2019

Judge: Donald G. Alexander

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed Defendant's judgment of conviction of manslaughter following a jury trial on an indictment for murder, holding that the trial court did not clearly err or abuse its discretion in the proceedings below. Specifically, the Court held that the trial court (1) acted within its discretion in its conduct of voir dire, which addressed virtually all of Defendant's concerns; (2) did not clearly err in admitting a photograph of the victim with his son and acted within its discretion in overruling Defendant's Rule 403 objection; and (3) did not abuse its discretion by giving a curative instruction after the prosecutor misstated the evidence during closing arguments because the curative instruction adequately remedied any prejudice to Defendant.

In re Child of Nichole W.

Citation: 2019 ME 167

Opinion Date: December 19, 2019

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother's parental rights to her child, holding that the court did not err or abuse its discretion in terminating Mother's parental rights. Mother left the hospital after giving birth to Child without taking Child with her. At the time of the termination hearing, Mother had not seen Child for more than a year. Despite having notice of a hearing for the termination of her parental rights, Mother did not appear. The district court terminated Mother's parental rights under Me. Rev. Stat. 22, 4055(1)(A)(1)(a), (1)(B)(2)(A), (b)(i)-(iv). The Supreme Judicial Court affirmed, holding (1) the evidence was sufficient to support all four grounds of unfitness found by the district court; and (2) the record supported the court's determination that termination of Mother's parental rights was in the best interest of the Child.

Blanchard v. Town of Bar Harbor

Citation: 2019 ME 168

Opinion Date: December 19, 2019

Judge: Andrew M. Mead

Areas of Law: Real Estate & Property Law, Zoning, Planning & Land Use

The Supreme Judicial Court vacated the judgment of the Business and Consumer Docket (BCD) in favor of the Town of Bar Harbor on Landowners' complaint seeking a declaratory judgment that the Town's Zoning Ordinance Amendment was invalid, holding that Landowners failed to demonstrate a particularized injury and commenced this action prematurely. The Department of Environmental Protection (DEP) issued an order approving the Amendment, which changed the Town's Land Use Ordinance by, among other things, creating a new Shoreland Maritime Activities District that would apply to the Town's Ferry Terminal Property. Landowners, individuals whose properties had views overlooking the waters adjacent to the Town's Ferry Terminal Property, sought a declaratory judgment that the Amendment was invalid. The BCD entered judgment for the Town. Landowners appealed, arguing that the Amendment was inconsistent with state law and that the court erred in deferring to the order of the DEP in approving the Amendment. The Supreme Judicial Court vacated the court's judgment on standing and ripeness grounds and remanded the case for dismissal without prejudice, holding that Landowners lacked standing to challenge the Amendment and that their claim was not ripe.