Category Archives: Maine Law

CLASS B OUI BASED ON PRIOR MANSLAUGHTER, STATE V. HASTEY.

CLASS B OUI BASED ON PRIOR MANSLAUGHTER, STATE V. HASTEY. Posted by Edmund R. Folsom, November 6, 2018. In February of 2016, Troy Hastey was charged with OUI, elevated to a Class B crime based on a 1991 conviction of manslaughter.  The statute

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EXIGENT CIRCUMSTANCES FOR AN OUI BLOOD DRAW, STATE V. MARTIN.

EXIGENT CIRCUMSTANCES FOR AN OUI BLOOD DRAW, STATE V. MARTIN. Posted by Edmund R. Folsom, Esq., October 28, 2018. I. Background: OUI Breath and Blood Tests, The Search Warrant Requirement and Search Warrant Exceptions. On October 23, 2018, Maine

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MAINE OUI LAW-2018 EDITION AVAILABLE NOW!

MAINE OUI LAW-2018 EDITION AVAILABLE NOW! Posted by Edmund R. Folsom, October 4, 2018. The 2018 edition of Maine OUI law is available now.   To order, please send payment in the amount of $47.00 (includes shipping and tax) to Edmund Folsom, P.O.

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SEARCHES INCIDENT TO ARREST, STATE V. PAGNANI, 2018 ME 129.

Searches Incident to Arrest, State v. Pagnani, 2018 ME 129. Posted by Edmund R. Folsom, Esq. September 23, 2018 “Why do you weasel?”   Cal Kuenzel, contracts professor, Stetson University College of Law, responding to an answer given by a

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LEMEUNIER-FITZGERALD & THE DECLARATION OF INDEPENDENCE.

LEMEUNIER-FITZGERALD & THE DECLARATION OF INDEPENDENCE. Posted by Edmund R. Folsom, Esq. Posted:  July 3, 2018 Maine’s Law Court finally issued its decision in State v. Lemeunier-Fitzgerald, 2018 ME 85, today, about 14 months after the case

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CARPENTER V. U.S. & CELL-SITE LOCATION INFO — WHAT’S IT ALL ABOUT?

CARPENTER V. U.S. & CELL-SITE LOCATION INFO — WHAT’S IT ALL ABOUT? Posted by Edmund R. Folsom, Esq. June 26, 2018.   WHAT IS CARPENTER ALL ABOUT? On Friday, June 22, 2018, in Carpenter v. United States, __ U.S. __ (2018), the

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LEMUNIER-FITZGERALD IS SNAGGING-UP MY BOOK.

LEMUNIER-FITZGERALD IS SNAGGING-UP MY BOOK. Posted by Edmund R. Folsom, Esq. June 15, 2018. Thirteen months ago, State v. Lemunier-Fitzgerald was argued before the Law Court (Darrick Banda, trial attorney, Jamesa Drake, appellate counsel, amicus

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CALLING 911 FOR A CURE WORSE THAN THE DISEASE.

CALLING 911 FOR A CURE WORSE THAN THE DISEASE. Posted by Edmund R. Folsom, Esq. June 8, 2018 Everyone has seen news stories about people who called 911 for a ridiculous reason, such as to complain that a fast food joint didn’t get their order

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AN OFFENSIVE PHYSICAL CONTACT ASSAULT FOR THE TIMES.

AN OFFENSIVE PHYSICAL CONTACT ASSAULT FOR THE TIMES. Posted by:  Edmund R. Folsom, Esq. Date:  May 22, 2018 State v. Leon, 2018 ME 70, is a criminal case for the times.  The defendant’s appeal was shot down under the well-settled law that a

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MAINE OUI: THE DUTY TO REQUEST AN ALCOHOL TEST.

MAINE OUI: THE DUTY TO REQUEST AN ALCOHOL TEST. Posted by Edmund R. Folsom, Esq., Date:  May 15, 2018 Background. Melevsky v. Secretary of State, 2018 ME 46, creates, in at least some circumstances, an obligation for a person under arrest for OUI

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