ANNUAL REVIEW OF CASE LAW LAW COURT CRIMINAL CASES 2009-1010

1. ANNUAL REVIEW OF CASE LAWLAW COURT CRIMINAL CASES2009-1010 WILLIAM R. STOKES DEPUTY ATTORNEY GENERAL JULY 15, 2010

2. Law Court Criminal Cases • CONSTITUTIONALITY OF STATE STATUTES/PROCEDURES • FOURTH AMENDMENT – CONSENT SEARCHES AND LOST AFFIDAVITS • RIGHT OF CONFRONTATION • IMPOSITION OF A LIFE SENTENCE

3. Law Court Criminal Cases • UNANIMITY • POST-CONVICTION REVIEW AND COMMON LAW WRITS • PROBATION

4. CONSTITUTIONALITY OF STATE STATUTES/PROCEDURES STATE V. GILMAN, 2010 ME 35, 993 A.2D 14 (TINA’S LAW)(DISPROPORTIONALITY UNDER THE MAINE CONSTITUTION, ARTICLE I, SECTION 9)

5. CONSTITUTIONALITY OF STATE STATUTES/PROCEDURES STATE V. LETALIEN, 2009 ME 130, 985 A.2D 4 (SORNA 1999)(EX POST FACTO)

6. CONSTITUTIONALITY OF STATE STATUTES/PROCEDURES STATE V. HOLLAND, 2009 ME 72, 976 A.2D 227 (JURY SELECTION PROCESS AND SYSTEMATIC EXCLUSION OF DISTINCTIVE GROUPS)(SIXTH AMENDMENT RIGHT TO IMPARTIAL JURY)(EQUAL PROTECTION)(14 M.R.S. SECTION 1254-A)

7. FOURTH AMENDMENT – CONSENT SEARCHES AND LOST AFFIDAVITS STATE V. BAILEY, 2010 ME 15, 989 A.2D 716 (SCOPE OF CONSENT SEARCH JUDGED BY WHAT IS OBJECTIVELYREASONABLE) (DECEPTIVE TACTICS BY POLICE AS TO PURPOSE OF SEARCH)(CONSENT BY ACTIONS)

8. FOURTH AMENDMENT – CONSENT SEARCHES AND LOST AFFIDAVITS STATE V. SARGENT, 2009 ME 125, 984 A.2D 831 (SCOPE OF SEARCH JUDGED BY WHAT IS OBJECTIVELY REASONABLE)

9. FOURTH AMENDMENT – CONSENT SEARCHES AND LOST AFFIDAVITS STATE V. REESE, 2010 ME 30, 991 A.2D 806 (LOST AFFIDAVIT DOES NOT INVALIDATE SEARCH WARRANT IF THERE IS SOME OTHER BASIS FOR MEANINGFUL APPELLATE REVIEW)

10. RIGHT OF CONFRONTATION STATE V. JOHNSON, 2009 ME 103, 982 A.2D 320 (RIGHT TO CROSS-EXAMINE WITNESS WHO INVOKES 5TH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION) (RIGHT TO CROSS-EXAMINE IS NOT LIMITLESS) (COLLATERAL VS. DIRECTLY RELEVANT EVIDENCE)

11. RIGHT OF CONFRONTATION STATE V. MURPHY, 2010 ME 28, 991 A.2D 35 (ADMISSION OF SECRETARY OF STATE’S WRITTEN CERTIFICATE AS TO LICENSE SUSPENSION – EFFECT OF MELENDEZ-DIAZ V. MASSACHUSETTS)

12. IMPOSITION OF A LIFE SENTENCE STATE V. DWYER, 2009 ME 127, 985 A.2D 469 (LIFE SENTENCE APPROPRIATE FOR ABDUCTION, ROBBERY, RAPE AND MURDER OF WOMAN WHO WAS 8-MONTHS PREGNANT) (SEE ALSOSTATE V. WATERMAN)(SHORTSLEEVES FACTORS ARE NOT ALL-INCLUSIVE OR EXHAUSTIVE) (RELEVANCY OF “ARIZONA” DNA DATABASE SEARCHES AT DEFENSE REQUEST)

13. UNANIMITY STATE V.ELLIOTT, 2010 ME 3, 987 A.2D 513 (IN STALKING PROSECUTION, IT IS NOT NECEESSARY FOR JURY TO BE UNANIMOUS AS TO EACH EVENT CONSTITUTING THE “COURSE OF CONDUCT”)

14. UNANIMITY STATE V. NGUYEN, 2010 ME 14, 989 A.2D 713 (JURY NEED NOT BE UNANIMOUS AS TO PRINCIPAL OR ACCOMPLICE LIABILITY)

15. POST-CONVICTION REVIEW AND COMMON LAW WRITS STATE V. BLAKESLEY, 2010 ME 19, 989 A.2D 746 (COMMON LAW WRITS OF CORAM NOBIS AND AUDITA QUERELA HAVE BEEN REPLACED BY THE COMPREHENSIVE POST-CONVICTION REVIEW STATUTE)

16. PROBATION STATE V. TELFORD, 2010 ME 33, 993 A.2D 8 (ADDITION OF NEW PROBATION CONDITIONS DOES NOT VIOLATE PLEA AGREEMENT IF NEW CONDITIONS ARE REASONABLY RELATED TO PURPOSES OF PROBATION)