State v. McInnis, 2010 ME 13 (Me. 2010). · Go Syfert
State v. McInnis, 2010 ME 13 (Me. 2010). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 4 distinct courts.
Strongest positive: BROWN (LARRY) v. STATE (nev, 2022-06-23)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) BROWN (LARRY) v. STATE (2×)
Nev. · 2022 · confidence medium
We conclude, in turn, such evidence generally need not be supported by expert testimony to be admissible.8 8See also State v. Haarala, 398 So. 2d 1093, 1098 (La. 1981) (concluding that a police officer could testify as a lay witness that the shoeprints he observed "were of the same pattern as would have been made by the defendant's shoes"); State v. McInnis, 988 A.2d 994, 995-96 (Me. 2010) (same); State v. Walker, 319 N.W.2d 414, 417-18 (Minn. 1982) (same). 8This is not to say that expert testimony regarding footwear impressions is never necessary for such evidence's admission.
discussed Cited "see" McInnis v. State of Maine (2×)
Me. Super. Ct · 2014 · signal: see · confidence high
See State v. Mcinnis, 2010 ME 13 , <I[ 3, 988 A.2d 994 .
discussed Cited "see" State v. Boutilier (2×)
Me. · 2011 · signal: see · confidence high
See State v. McInnis, 2010 ME 13 , ¶ 2 n. 1, 988 A.2d 994, 995 (citing State v. Bilynsky, 2007 ME 107, ¶ 37 , 932 A.2d 1169, 1176 ). 2 .
Retrieving the full opinion text from the archive…
STATE of Maine
v.
Jacob McINNIS Sr.
Docket: Ken-08-439.
Supreme Judicial Court of Maine.
Feb 18, 2010.
2010 ME 13
Robert C. Andrews, Esq. (orally), Portland, ME, for Jacob Mclnnis Sr., Evert Fowle, District Attorney, Alan P. Kelley, Dep. Dist. Atty. (orally), Augusta, ME, for the State of Maine.
Saufley, Alexander, Levy, Silver, Mead.
Cited by 4 opinions  |  Published
PER CURIAM.

[¶ 1] Jacob Mclnnis Sr. appeals from judgments of conviction of one count each of kidnapping (Class A), 17-A M.R.S. § 301(1)(A)(5) (2009); robbery (Class A), 17-A M.R.S. § 651 (2009); conspiracy to commit robbery (Class B), 17-A M.R.S. § 151 (2009); burglary (Class B), 17-A M.R.S. § 401(1)(B)(4) (2009); and theft by unauthorized taking (Class C), 17-A M.R.S. § 353(1)(B)(4) (2009), entered in the Superior Court (Kennebec County, Marden, J.) following a jury trial.

[¶ 2] Contrary to Mclnnis’s contentions: (1) the prosecutor did not engage in misconduct by arranging, over Mclnnis’s objection, to have incarcerated State’s witnesses testify wearing civilian clothing rather than orange jail uniforms, see State v. Boylan, 665 A.2d 1016, 1019 (Me.1995) (stating the standard of review); (2) the suppression court (Mills, J.) did not commit an error of law, nor were its findings of fact clearly erroneous, when it determined that the procedure used during the out-of-court identification was not unduly suggestive in violation of Mclnnis’s due process rights, see State v. DiPietro, 2009 ME 12, ¶ 13, 964 A.2d 636, 640 (stating the standard of review); State v. Kelly, 2000 ME 107, ¶ 19, 752 A.2d 188, 192 (discussing the test applied to determine whether an out-of-court identification should be admitted into evidence); State v. Prentiss, 557 A.2d 619, 620 (Me.1989) (discussing due process rights with respect to unduly suggestive out-of-court identification procedures); and (3) the suppression court (Jabar, J.) did not err in denying Mclnnis’s request to hold a Franks hearing, see Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978); State v. Bilynsky, 2007 ME 107, ¶¶ 37-38, 932 A.2d 1169, 1176-77. [1]

[¶ 3] At trial, the court did not abuse its discretion in determining that the testimony elicited by the State that Mcln-nis’s shoes potentially matched shoeprints[*996] observed at the crime scene did not require expert testimony, see M.R. Evid. 701, 702; Mitchell v. Kieliszek, 2006 ME 70, ¶¶ 11, 13-14, 900 A.2d 719, 722-23 (discussing when expert testimony required); nor did the court commit obvious error in admitting police officers’ lay testimony concerning the shoeprints, see M.R. Evid. 403, 701; State v. Roberts, 2008 ME 112, ¶ 21, 951 A.2d 803, 810-11 (stating standard of review). Further, the challenged statements made by the prosecutor during closing and rebuttal arguments did not constitute misconduct. See State v. Clark, 2008 ME 136, ¶ 7, 954 A.2d 1066, 1068-69 (stating standard of review). [2]

[¶ 4] We do not review on direct appeal the post-judgment denial of public funds to pay Mclnnis’s expert for appearance at trial; this issue does not arise from the judgment of conviction or assert errors in the determination of guilt. See 15 M.R.S. § 2115 (2009); see generally State v. Huntley, 676 A.2d 501, 503 (Me.1996).

The entry is:

Judgment affirmed.

1

. We decline to reach the issue of what standard of review, clear error or de novo, applies to the denial of a Franks hearing because we uphold the court's decision under either standard. See State v. Bilynsky, 2007 ME 107, ¶ 37, 932 A.2d 1169, 1176.

2

. To the extent Mclnnis alludes in his brief to other arguments concerning prosecutorial misconduct, they are undeveloped and are deemed waived. See Mehlhorn v. Derby, 2006 ME 110, ¶ 11, 905 A.2d 290, 293.