The Response to President Trump’s Shameless Religious Photo Op Gives Me Hope for the Future

MARCI A. HAMILTON

University of Pennsylvania professor Marci A. Hamilton praises the response of liberal clergy in response to President Trump’s seemingly opportunistic photo op in front of St. John’s Episcopal Church in Washington, D.C. Hamilton calls upon these religious leaders to continue speaking out loudly in the name of inclusion, love, and truth.

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State v. Limary

Citation: 2020 ME 83

Opinion Date: June 4, 2020

Judge: Horton

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed Defendant's conviction of manslaughter and aggravated assault, holding that the trial court did not err in instructing the jury and that the evidence was sufficient to support the conviction. On appeal, Defendant argued (1) the trial court erred in denying his request to pose questions regarding self-defense and defense of another in the juror questionnaire, and (2) the evidence was insufficient to support a finding that Defendant's actions - rather than subsequent medical treatment - caused the victim's death. The Supreme Judicial Court affirmed, holding (1) while the court could have included an appropriate question regarding self-defense and defense of another, the court did not abuse its discretion in declining to include such a question; and (2) based on the evidence in there record, the jury could rationally have found beyond a reasonable doubt that the victim's death would not have occurred but for the conduct of Defendant and that the medical care was not clearly sufficient to cause the victim's death.

State v. McLaughlin

Citation: 2020 ME 82

Opinion Date: June 4, 2020

Judge: Humphrey

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed Defendant's conviction of one count of Class B theft by deception and one count of Class C theft by deception, holding that there was no error in the proceedings below. On appeal, Defendant argued (1) the trial court erred by failing to include a “nexus” element in its instruction to the jury on the charge of theft by deception, (2) the evidence was insufficient to convict him of theft by deception, and (3) his actions constituted a breach of contract, not a criminal offense. The Supreme Judicial Court affirmed, holding (1) the jury rationally could have found beyond a reasonable doubt each element of theft by deception based on the testimonial and documentary evidence presented at trial and reasonable inferences drawn therefrom; (2) the evidence was sufficient to support the jury's verdict; and (3) Defendant waived his ability to challenge the jury instructions on appeal.

In re Children of Brandon D.

Citation: 2020 ME 80

Opinion Date: June 4, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Judicial Court affirmed separate judgments entered by the district court terminating Mother's and Father's parental rights to the children, holding that the district court did not err or abuse its discretion. Mother's parental rights were terminated pursuant to Me. Rev. Stat. tit. 22, 4055(1)(A)(1)(a) and (B)(1), and Father's parental rights were terminated pursuant to Me. Rev. Stat. tit. 22, 4055(1)(B)(2)(a) and (b)(i)-(ii). The Supreme Judicial Court affirmed, holding (1) the district court did not err in finding that Mother knowingly and voluntarily contented to the termination of her parental rights; and (2) as to Father, the district court did not clearly err or abuse its discretion in finding at least one ground of parental unfitness and that termination was in the best interests of the children.

State Tax Assessor v. Kraft Foods Group, Inc.

Citation: 2020 ME 81

Opinion Date: June 4, 2020

Judge: Humphrey

Areas of Law: Tax Law

The Supreme Judicial Court vacated in part and affirmed in part a summary judgment entered in the business and consumer docket that adjudicated all claims on the parties' separate, but judicially consolidated, petitions for review of two tax abatement decisions, holding that the court erred in partially abating a portion of certain penalties levied by the State Tax Assessor against Kraft. On appeal, Kraft argued that the lower court erred in determining that it was not entitled to an alternative apportionment of a portion of its 2010 taxable income, that it was not entitled to a full abatement of penalties levied by the Assessor as part of the "first assessment," and that the "second assessment" was not time barred. The Assessor cross-appealed, arguing that the lower court erred in partially abating the substantial understatement penalty levied as part of the first assessment. The Supreme Court (1) affirmed the court's conclusion that Kraft was not entitled to an alternative apportionment; (2) vacated the court's partial abatement of the substantial underpayment penalty because Kraft was not entitled to any abatement; and (3) affirmed the court's determination that the second assessment was not barred by the statute of limitations.