The Law Blog

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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MAINE’S CREEPILY ARBITRARY STALKING LAW.

MAINE’S CREEPILY ARBITRARY STALKING LAW. Posted by Edmund R. Folsom, Esq., April 29, 2018. “Stalking” sounds like a seriously creepy crime. It conjures images of someone hiding, creeping around, spying on and hunting another person, but

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THE SYSTEM TOLERATES ITS OWN ABUSE.

THE SYSTEM TOLERATES ITS OWN ABUSE. Posted by Edmund R. Folsom, Esq., January 20, 2018. I come to you now as a 33-plus-year denizen of Maine’s criminal justice system bearing witness to abuse; an all-too-frequent abuse of the system itself; an

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SELECTED FIREARMS BANS UNDER MAINE & FEDERAL LAW.

SELECTED FIREARMS BANS UNDER MAINE & FEDERAL LAW. Posted by Edmund R. Folsom, Esq., September 30, 2017. On September 16, 2017, I participated as a presenter in a continuing legal education seminar, in Saco, organized by Scott Houde, Esq.  My

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WHY IS PUBLIC DRINKING STILL A CRIME IN MAINE?

WHY IS PUBLIC DRINKING STILL A CRIME IN MAINE? Posted by Edmund R. Folsom, Esq., September 16, 2017. Sitting in court one day recently, waiting my turn, my attention was drawn to proceedings involving a female prisoner in the dock.  The woman’s

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