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Justia Daily Opinion Summaries

Maine Supreme Judicial Court
March 26, 2021

Table of Contents

State v. Silva

Criminal Law, Juvenile Law

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Legal Analysis and Commentary

Constitutional Problems With the Kentucky Proposal (Supported by Mitch McConnell) to Change the Way U.S. Senate Vacancies Are Filled

VIKRAM DAVID AMAR

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In this second of a series of columns, Illinois Law dean and professor Vikram David Amar comments on the Kentucky proposal to change the way U.S. Senate vacancies are filled. Dean Amar argues that the Seventeenth Amendment precludes such a proposal, which would allow the state legislature to substantively constrain the governor’s choices in making a temporary appointment.

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Maine Supreme Judicial Court Opinions

State v. Silva

Citation: 2021 ME 15

Opinion Date: March 25, 2021

Judge: Ellen A. Gorman

Areas of Law: Criminal Law, Juvenile Law

The Supreme Judicial Court affirmed the dispositional order imposed after an adjudication that juvenile Timothy Silva committed manslaughter, holding that the court did not err in committing him to detention. Silva was sixteen years old when he lost control of a vehicle and caused the death of three passengers and serious injuries to a fourth. The juvenile court adjudicated Silva to have committed one count of manslaughter and committed him to Long Creek Youth Development Center for an undetermined period of up Silva's twenty-first birthday. The Supreme Judicial Court affirmed, holding that the court's disposition was neither error nor an abuse of discretion.

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