State v. Larrivee, 563 A.2d 1104 (Me. 1989). · Go Syfert
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State v. Larrivee, 563 A.2d 1104 (Me. 1989). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: State v. Carr (me, 2012-12-11)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Carr
Me. · 2012 · confidence medium
State v. Larrivee, 563 A.2d 1104, 1105 (Me.1989); see 15 M.R.S. § 1258 (2011) (“Whenever by reason of the prospective length of a criminal trial the court in its discretion shall deem it advisable,” the trial court can impanel alternate jurors who can be called upon to replace jurors who, “prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties.”); State v. Rollins, 2008 ME 189, ¶¶ 10-14 , 961 A.2d 546 (affirming the trial court’s decision not to excuse a juror); State v. Landry, 485 A.2d 218, 219-20 (Me.1984) (affirming th…
discussed Cited "see" Jerry Larrivee v. McC Supt.
1st Cir. · 1993 · signal: see · confidence high
See State v. Larrivee, 563 A.2d 1104 (Me. 1989). 2 Petitioner's habeas petition contains four grounds for relief: (1) withholding of information by the prosecutor; (2) conviction obtained by the use of perjured testimony of a witness; (3) conviction obtained by the use of an inadmissable and involuntary confession; and (4) conviction obtained by an unconstitutional in-court identification.
cited Cited "see" Larrivee v. MCC, SUPT
1st Cir. · 1993 · signal: see · confidence high
See State v. Larrivee, 563 A.2d 1104 (Me. 1989).
discussed Cited "see" Larrivee v. MCC, SUPT
1st Cir. · 1993 · signal: see · confidence high
See State v. Larrivee, 563 A.2d 1104 (Me. 1989). ___ _____ ________ Petitioner's habeas petition contains four grounds for relief: (1) withholding of information by the prosecutor; (2) conviction obtained by the use of perjured testimony of a witness; (3) conviction obtained by the use of an inadmissable and involuntary confession; and (4) conviction obtained by an unconstitutional in-court identification.
Retrieving the full opinion text from the archive…
STATE of Maine
v.
Jerry LARRIVEE
Supreme Judicial Court of Maine.
Sep 14, 1989.
563 A.2d 1104
Paul Aranson, Dist. Atty., Edmund Folsom, Asst. Dist. Atty., Portland, for plaintiff., Thomas J. Connolly, Portland, for defendant.
Clifford, Collins, Glassman, Hornby, McKusick, Roberts, Wathen.
Cited by 4 opinions  |  Published
HORNBY, Justice.

Following a jury trial (Cumberland County, Lipez, J.), Jerry Larrivee appeals his convictions of one count of burglary, three counts of theft of a firearm, two counts of robbery, and one count of unlawful possession of a firearm. We affirm.

Contrary to Larrivee’s arguments, there was evidence in the record from which the jury could find every element of the offenses charged beyond a reasonable doubt.

The Superior Court did not abuse its discretion in seating an alternate in place of a juror who, both counsel agreed, had slept through the playing of the defendant’s taped confession. 15 M.R.S.A. § 1258 (1980) (court may replace with alternates “jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties”). Since there was no dispute that the juror had been sleeping,[1] voir dire was not required. The defendant was not entitled to have this particular juror vote on his guilt or innocence but only an “unexceptionable,” State v. Cady, 80 Me. 413, 417, 14 A. 940, 941 (1888) (quoting Snow v. Weeks, 75 Me. 105, 106 (1883)), and an “impartial” jury, State v. Lizotte, 249 A.2d 874, 877 (Me.1969). That is what he received.

The entry is:

Judgments affirmed.

All concurring.

1

According to the defendant's counsel,

my feeling is he [the prosecutor] put them to sleep, he should have to live with that, that the fact that a juror is lulled into semi-consciousness, particularly during a critical phase of the case is not grounds for removal of the juror, especially whereas the fact she did not hear the Defendant’s so-called confession would in my opinion make it virtually certain she would have a reasonable doubt about the case.