Oral arguments are at the Cumberland County Courthouse in Portland unless otherwise indicated. Additional dates may be scheduled to accommodate workload.
Caution: This schedule is subject to change. The case summaries are prepared by Court staff for the convenience of the public and are not to be construed as statements of the Court.
Oral Arguments: Wednesday, July 6, 2022, Cumberland County Courthouse, Portland
Sexual exploitation of a minor, excluding public from jury selection,
overbroad warrant, best evidence rule, penalty for insisting on trial
After a jury trial, Jared Jandreau was convicted of multiple crimes, including seventeen counts of sexual exploitation of a minor under the age of twelve (Class A). Jandreau appeals, arguing that the trial court erred in (1) excluding a member of the public from observing jury-selection proceedings, (2) denying his motion to suppress evidence obtained from his cellphone because the warrant permitting the search of the phone was unconstitutionally overbroad, (3) admitting in evidence copies of text messages with emojis missing from the copies, (4) increasing his sentence as a “penalty” for exercising his right to a trial, and (5) imposing probation restrictions prohibiting him from contacting his child until the child is 33 years old, having contact with minors, and possessing pornography.
10:40 a.m.
Fra-21-405
State of Maine v. Dean J. Maillie
Christy Stilphen; Rory A. McNamara
Violation of order for protection from abuse, evidence, probation
After a jury trial, Dean Maillie was convicted of violation of an order for protection from abuse (Class D). Maillie appeals, arguing that (1) his asking a third person to give a message to the protected person is not a violation of the order’s prohibition on indirect contact with the protected person where the third person did not give the message to the protected person; (2) the trial court erred in excluding his evidence regarding his reason for contacting the third person; and (3) imposing a two-year period of probation given that the governing statute, 17-A M.R.S. § 1804(6), permits only a one-year period when a defendant is not ordered to complete a certified batterer’s intervention program.
11:30 a.m.
Pen-21-421
Ethan Boutilier v. Maine School Administrative District No. 46 / AOS 94
William N. Palmer; Melissa A. Hewey
Maine Tort Claims Act exception to immunity for construction, operation, or maintenance of a public building.
Ethan Boutilier, a student at Dexter Regional High School, sued MSAD 46 for injuries he suffered when a piece of equipment became caught on a half-inch lip between two rooms in the school. The district moved for summary judgment, claiming that it is immune from liability under the Maine Tort Claims Act, 14 M.R.S. §§ 8101-8118. The trial court granted the motion. Boutilier appeals, arguing that his claim falls under an exception to immunity under the Maine Tort Claims Act for the construction, operation, or maintenance of a public building because the lip is a defect in the building that created a dangerous condition.
1:30 p.m.
Aro-21-366
State of Maine v. Jomo White
Kari Wells-Puckett; Todd R. Collins; Verne E. Paradie, Jr.
Elevated aggravated assault, change of venue, prosecutorial misconduct
After a jury trial, Jomo White was convicted of attempted murder (Class A), elevated aggravated assault (Class A), reckless conduct with a dangerous weapon (Class C), and robbery (Class A). The trial court also found White guilty of illegal possession of a firearm (Class C). White appeals, arguing that the trial court erred in (1) denying his motions for mistrials based on the State’s asking the jury to hold White “accountable” and commenting on his decision not to testify, and (2) denying his motion for a change of venue because, as a black man from outside Maine, he could not receive a fair trial in Aroostook County because of racial bias and the impossibility of empaneling “a fair cross section of the community.”