consent exception (Maine) · Go Syfert
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consent exception in Maine

17 Maine opinions name it 2 courts 1978–2026 5 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (26)

CaseFollowedCited
Birchfield v. N. Dakota. William Robert Bernardgreen
scotus · 2016 · cited in 3 Maine opinions naming this issue, 2018–2022
2 sentences

2022"To demonstrate that the consent exception to a warrant requirement applies, however, the State must prove, 'by a preponderance of the evidence, that an objective manifestation of consent was given by word or gesture."' Id. (quoting State v Bailey, 2012 ME 55 , ~ 16, 41 A.3d 535 .).

2018See Birchfield , 579 U.S. at ----, 136 S.Ct. at 2186 n.9 (citing Heien v. North Carolina , 574 U.S. ----, 135 S.Ct. 530 , 190 L.Ed.2d 475 (2014) ).

23
State v. Barlowgreen
me · 1974 · cited in 2 Maine opinions naming this issue, 2018–2018
2 sentences

2018A search is unreasonable if a person’s consent to the search was “coerced, by explicit or implicit means, by implied threat or covert force” or duress, or was induced by “deceit, trickery, or misrepresentation.” Schneckloth, 412 U.S. at 228 ; State v. Barlow, 320 A.2d 895, 900 (Me. 1974); see State v. Koucoules, 343 A.2d 860, 873 (Me. 1974). 15 [¶23] The circumstances under which LeMeunier-Fitzgerald agreed to submit to a blood test are undisputed; the parties’ disagreement centers on the effect of the warnings on the voluntariness of her consent.8 In the absence of any factual dispute, “we re

2018A search is unreasonable if a person’s consent to the search was “coerced, by explicit or implicit means, by implied threat or covert force” or duress, or was induced by “deceit, trickery, or misrepresentation.” Schneckloth, 412 U.S. at 228 ; State v. Barlow, 320 A.2d 895, 900 (Me. 1974); see State v. Koucoules, 343 A.2d 860, 873 (Me. 1974). 15 [¶23] The circumstances under which LeMeunier-Fitzgerald agreed to submit to a blood test are undisputed; the parties’ disagreement centers on the effect of the warnings on the voluntariness of her consent.8 In the absence of any factual dispute, “we re

22
State v. Nadeaugreen
me · 2010 · cited in 2 Maine opinions naming this issue, 2018–2018
2 sentences

2018See State v. Nadeau, 2010 ME 71, ¶ 18 , 1 A.3d 445 .

2018See State v. Nadeau, 2010 ME 71, ¶ 18 , 1 A.3d 445 .

22
State v. Koucoulesgreen
me · 1974 · cited in 2 Maine opinions naming this issue, 2018–2018
2 sentences

2018A search is unreasonable if a person’s consent to the search was “coerced, by explicit or implicit means, by implied threat or covert force” or duress, or was induced by “deceit, trickery, or misrepresentation.” Schneckloth, 412 U.S. at 228 ; State v. Barlow, 320 A.2d 895, 900 (Me. 1974); see State v. Koucoules, 343 A.2d 860, 873 (Me. 1974). 15 [¶23] The circumstances under which LeMeunier-Fitzgerald agreed to submit to a blood test are undisputed; the parties’ disagreement centers on the effect of the warnings on the voluntariness of her consent.8 In the absence of any factual dispute, “we re

2018A search is unreasonable if a person’s consent to the search was “coerced, by explicit or implicit means, by implied threat or covert force” or duress, or was induced by “deceit, trickery, or misrepresentation.” Schneckloth, 412 U.S. at 228 ; State v. Barlow, 320 A.2d 895, 900 (Me. 1974); see State v. Koucoules, 343 A.2d 860, 873 (Me. 1974). 15 [¶23] The circumstances under which LeMeunier-Fitzgerald agreed to submit to a blood test are undisputed; the parties’ disagreement centers on the effect of the warnings on the voluntariness of her consent.8 In the absence of any factual dispute, “we re

22
Heien v. North Carolinagreen
scotus · 2014 · cited in 2 Maine opinions naming this issue, 2018–2018
2 sentences

2018See Birchfield , 579 U.S. at ----, 136 S.Ct. at 2186 n.9 (citing Heien v. North Carolina , 574 U.S. ----, 135 S.Ct. 530 , 190 L.Ed.2d 475 (2014) ).

2018See Birchfield , 579 U.S. at ----, 136 S.Ct. at 2186 n.9 (citing Heien v. North Carolina , 574 U.S. ----, 135 S.Ct. 530 , 190 L.Ed.2d 475 (2014) ).

22
Thomasson v. Thomasson (Slip Opinion)green
ohio · 2018 · cited in 1 Maine opinions naming this issue, 2026–2026
1 sentence

2026See In re Guardianship of Chamberlain, 2015 ME 76, ¶¶ 17-20 , 118 A.3d 229 (noting that due process protections apply to guardianship determinations and applying the due process test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976)); Eldridge, 424 U.S. at 333 (“The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.”) (quotation marks omitted)); Thomas v. Humfield, 916 F.2d 1032, 1033-34 (5th Cir. 1990) (holding that a party to litigation is entitled to notice and a hearing before the court declares him incompetent and app

11
Carl Stephen Thomas v. J.W. Humfieldgreen
ca5 · 1990 · cited in 1 Maine opinions naming this issue, 2026–2026
1 sentence

2026See In re Guardianship of Chamberlain, 2015 ME 76, ¶¶ 17-20 , 118 A.3d 229 (noting that due process protections apply to guardianship determinations and applying the due process test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976)); Eldridge, 424 U.S. at 333 (“The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.”) (quotation marks omitted)); Thomas v. Humfield, 916 F.2d 1032, 1033-34 (5th Cir. 1990) (holding that a party to litigation is entitled to notice and a hearing before the court declares him incompetent and app

11
Mathews v. Eldridgegreen
scotus · 1976 · cited in 1 Maine opinions naming this issue, 2026–2026
2 sentences

2026See In re Guardianship of Chamberlain, 2015 ME 76, ¶¶ 17-20 , 118 A.3d 229 (noting that due process protections apply to guardianship determinations and applying the due process test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976)); Eldridge, 424 U.S. at 333 (“The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.”) (quotation marks omitted)); Thomas v. Humfield, 916 F.2d 1032, 1033-34 (5th Cir. 1990) (holding that a party to litigation is entitled to notice and a hearing before the court declares him incompetent and app

2026See In re Guardianship of Chamberlain, 2015 ME 76, ¶¶ 17-20 , 118 A.3d 229 (noting that due process protections apply to guardianship determinations and applying the due process test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976)); Eldridge, 424 U.S. at 333 (“The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.”) (quotation marks omitted)); Thomas v. Humfield, 916 F.2d 1032, 1033-34 (5th Cir. 1990) (holding that a party to litigation is entitled to notice and a hearing before the court declares him incompetent and app

11
Guardianship of Sebastien Chamberlaingreen
me · 2015 · cited in 1 Maine opinions naming this issue, 2026–2026
2 sentences

2026See In re Guardianship of Chamberlain, 2015 ME 76, ¶¶ 17-20 , 118 A.3d 229 (noting that due process protections apply to guardianship determinations and applying the due process test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976)); Eldridge, 424 U.S. at 333 (“The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.”) (quotation marks omitted)); Thomas v. Humfield, 916 F.2d 1032, 1033-34 (5th Cir. 1990) (holding that a party to litigation is entitled to notice and a hearing before the court declares him incompetent and app

2026See In re Guardianship of Chamberlain, 2015 ME 76, ¶¶ 17-20 , 118 A.3d 229 (noting that due process protections apply to guardianship determinations and applying the due process test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976)); Eldridge, 424 U.S. at 333 (“The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.”) (quotation marks omitted)); Thomas v. Humfield, 916 F.2d 1032, 1033-34 (5th Cir. 1990) (holding that a party to litigation is entitled to notice and a hearing before the court declares him incompetent and app

11
State v. Littlegreen
me · 1983 · cited in 1 Maine opinions naming this issue, 2023–2023
1 sentence

2023The intrusion on a person occasioned by field sobriety testing does not amount to an arrest for which probable cause is required, largely because “[t]he performance of a couple of quick, simple physical coordination tests is not particularly onerous, offensive or restrictive.” State v. Little, 468 A.2d 615, 617 (Me. 1983).

11
In re Child of Nicholas P.green
me · 2019 · cited in 1 Maine opinions naming this issue, 2021–2021
1 sentence

2021See In re Child of Nicholas P., 2019 ME 152, ¶ 11 , 218 A.3d 247 . [¶27] We therefore interpret the unambiguous plain language of UIFSA to state that the consent requirement set out in sections 2965(2)(A) and 3253(1)(B) is jurisdictional rather procedural, as the District Court concluded.

11
Hl 1, LLC v. Riverwalk, LLCgreen
me · 2011 · cited in 1 Maine opinions naming this issue, 2021–2021
2 sentences

2021See HL 1, LLC v. Riverwalk, LLC, 2011 ME 29, ¶ 25 , 15 A.3d 725 (“It is apparent that the Legislature knew how to create statutory language that allows [the intended result in other provisions] . . . .

2021See HL 1, LLC v. Riverwalk, LLC, 2011 ME 29, ¶ 25 , 15 A.3d 725 (“It is apparent that the Legislature knew how to create statutory language that allows [the intended result in other provisions] . . . .

11
Dissell v. Trans World Airlinesgreen
me · 1986 · cited in 1 Maine opinions naming this issue, 2021–2021
1 sentence

2021P. 12(h)(1), (3); Hawley, 1999 ME 127 , ¶ 10 & n.6, 736 A.2d 268 ; Cohen, 25 N.E.3d at 844-45 ; Dissell v. Trans World Airlines, 511 A.2d 441, 443 (Me. 1986). [¶23] To determine whether the consent requirement of UIFSA is jurisdictional or procedural, we interpret the statute de novo by evaluating its plain meaning to effectuate the Legislature’s intent.

11
Erik Wuori v. Travis Otisgreen
me · 2020 · cited in 1 Maine opinions naming this issue, 2021–2021
2 sentences

2021See Wuori v. Otis, 2020 ME 27, ¶ 6 , 226 A.3d 771 .

2021See Wuori v. Otis, 2020 ME 27, ¶ 6 , 226 A.3d 771 .

11
Back Bay Spas, Inc. v. 441 Stuart Marketing, LLCgreen
ca1 · 2012 · cited in 1 Maine opinions naming this issue, 2019–2019
11
In re Alexandria C.green
me · 2016 · cited in 1 Maine opinions naming this issue, 2019–2019
2 sentences

2019In re Children of Jeremy A. , 2018 ME 82 , ¶ 21, 187 A.3d 602 (alterations, citations, and quotation marks omitted); see In re Alexandria C. , 2016 ME 182 , ¶¶ 18-19, 152 A.3d 617 . [¶24] The trial court did not err by concluding that the mother failed to meet her burden to show that her counsel at the consent hearing was deficient; therefore, we need not reach the prejudice prong of the ineffective assistance analysis.

2019In re Children of Jeremy A. , 2018 ME 82 , ¶ 21, 187 A.3d 602 (alterations, citations, and quotation marks omitted); see In re Alexandria C. , 2016 ME 182 , ¶¶ 18-19, 152 A.3d 617 . [¶24] The trial court did not err by concluding that the mother failed to meet her burden to show that her counsel at the consent hearing was deficient; therefore, we need not reach the prejudice prong of the ineffective assistance analysis.

11
Wagner v. Wagnergreen
mnd · 1999 · cited in 1 Maine opinions naming this issue, 2014–2014
11
State v. Whitnergreen
sc · 2012 · cited in 1 Maine opinions naming this issue, 2014–2014
11
Samuel B. Pollock Jr. And Laura Pollock v. Sandra T. Pollock, Oliver H. Barber, and Luann C. Glidewellgreen
ca6 · 1998 · cited in 1 Maine opinions naming this issue, 2014–2014
11
State v. Spencergreen
iowa · 2007 · cited in 1 Maine opinions naming this issue, 2014–2014
11
Campbell v. Pricegreen
ared · 1998 · cited in 1 Maine opinions naming this issue, 2014–2014
11
Gagnon's Hardware & Furniture, Inc. v. Michaudgreen
me · 1998 · cited in 1 Maine opinions naming this issue, 2010–2010
11
United States v. Florence L. Petersgreen
ca7 · 1998 · cited in 1 Maine opinions naming this issue, 2010–2010
11
David Jessie Graves v. Dr. George J. Beto, Director, Texas Department of Correctionsgreen
ca5 · 1970 · cited in 1 Maine opinions naming this issue, 2010–2010
11
Bangor Roofing & Sheet Metal Co. v. Robbins Plumbing Co.green
me · 1955 · cited in 1 Maine opinions naming this issue, 2010–2010
11
Carey v. Boulettegreen
me · 1962 · cited in 1 Maine opinions naming this issue, 2010–2010
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (28)

CaseCitedYears
State v. Bailey green
me · 2012
2 sentences

2022"To demonstrate that the consent exception to a warrant requirement applies, however, the State must prove, 'by a preponderance of the evidence, that an objective manifestation of consent was given by word or gesture."' Id. (quoting State v Bailey, 2012 ME 55 , ~ 16, 41 A.3d 535 .).

2022"To demonstrate that the consent exception to a warrant requirement applies, however, the State must prove, 'by a preponderance of the evidence, that an objective manifestation of consent was given by word or gesture."' Id. (quoting State v Bailey, 2012 ME 55 , ~ 16, 41 A.3d 535 .).

32017–2022
State v. Tozier green
me · 2006
2 sentences

2018A search is unreasonable if a person’s consent to the search was “coerced, by explicit or implicit means, by implied threat or covert force” or duress, or was induced by “deceit, trickery, or misrepresentation.” Schneckloth, 412 U.S. at 228 ; State v. Barlow, 320 A.2d 895, 900 (Me. 1974); see State v. Koucoules, 343 A.2d 860, 873 (Me. 1974). 15 [¶23] The circumstances under which LeMeunier-Fitzgerald agreed to submit to a blood test are undisputed; the parties’ disagreement centers on the effect of the warnings on the voluntariness of her consent.8 In the absence of any factual dispute, “we re

2018A search is unreasonable if a person’s consent to the search was “coerced, by explicit or implicit means, by implied threat or covert force” or duress, or was induced by “deceit, trickery, or misrepresentation.” Schneckloth, 412 U.S. at 228 ; State v. Barlow, 320 A.2d 895, 900 (Me. 1974); see State v. Koucoules, 343 A.2d 860, 873 (Me. 1974). 15 [¶23] The circumstances under which LeMeunier-Fitzgerald agreed to submit to a blood test are undisputed; the parties’ disagreement centers on the effect of the warnings on the voluntariness of her consent.8 In the absence of any factual dispute, “we re

22018–2018
Schneckloth v. Bustamonte green
scotus · 1973
2 sentences

2018A search is unreasonable if a person’s consent to the search was “coerced, by explicit or implicit means, by implied threat or covert force” or duress, or was induced by “deceit, trickery, or misrepresentation.” Schneckloth, 412 U.S. at 228 ; State v. Barlow, 320 A.2d 895, 900 (Me. 1974); see State v. Koucoules, 343 A.2d 860, 873 (Me. 1974). 15 [¶23] The circumstances under which LeMeunier-Fitzgerald agreed to submit to a blood test are undisputed; the parties’ disagreement centers on the effect of the warnings on the voluntariness of her consent.8 In the absence of any factual dispute, “we re

2018A search is unreasonable if a person’s consent to the search was “coerced, by explicit or implicit means, by implied threat or covert force” or duress, or was induced by “deceit, trickery, or misrepresentation.” Schneckloth, 412 U.S. at 228 ; State v. Barlow, 320 A.2d 895, 900 (Me. 1974); see State v. Koucoules, 343 A.2d 860, 873 (Me. 1974). 15 [¶23] The circumstances under which LeMeunier-Fitzgerald agreed to submit to a blood test are undisputed; the parties’ disagreement centers on the effect of the warnings on the voluntariness of her consent.8 In the absence of any factual dispute, “we re

22018–2018
State of Maine v. Matthew T. Collier green
me · 2013
2 sentences

2017To demonstrate that the consent exception to a warrant requirement applies, however, the State must prove, “by a preponderance of the evidence, that an objective manifestation of consent was given by word or gesture.” State v. Bailey, 2012 ME 55, ¶ 16 , 41 A.3d 535 (quotation marks omitted). [¶11] Because the State bore the burden of proof and was the unsuccessful party before the suppression court, the State bears the burden to demonstrate on appeal “that the trial court was compelled to make findings in 6 its favor.” State v. Collier, 2013 ME 44, ¶ 6 , 66 A.3d 563 .

2017To demonstrate that the consent exception to a warrant requirement applies, however, the State must prove, “by a preponderance of the evidence, that an objective manifestation of consent was given by word or gesture.” State v. Bailey, 2012 ME 55, ¶ 16 , 41 A.3d 535 (quotation marks omitted). [¶11] Because the State bore the burden of proof and was the unsuccessful party before the suppression court, the State bears the burden to demonstrate on appeal “that the trial court was compelled to make findings in 6 its favor.” State v. Collier, 2013 ME 44, ¶ 6 , 66 A.3d 563 .

22017–2017
State v. Sylvain green
me · 2003
2 sentences

2023We have held 6“For the consent exception to the warrant requirement to apply, [t]he State must prove by a preponderance of the evidence that consent was objectively manifested by word or gesture and was freely and voluntarily given.” State v. Croteau, 2022 ME 22, ¶ 21 , 272 A.3d 286 (quotation marks omitted). 10 that a brief detention of a driver to “[s]ubject[] the driver to field sobriety tests,” Sylvain, 2003 ME 5, ¶ 18 , 814 A.2d 984 , is allowed if an officer has “a reasonable articulable suspicion of impairment,” State v. McPartland, 2012 ME 12, ¶ 8 , 36 A.3d 881 .

2023We have held 6“For the consent exception to the warrant requirement to apply, [t]he State must prove by a preponderance of the evidence that consent was objectively manifested by word or gesture and was freely and voluntarily given.” State v. Croteau, 2022 ME 22, ¶ 21 , 272 A.3d 286 (quotation marks omitted). 10 that a brief detention of a driver to “[s]ubject[] the driver to field sobriety tests,” Sylvain, 2003 ME 5, ¶ 18 , 814 A.2d 984 , is allowed if an officer has “a reasonable articulable suspicion of impairment,” State v. McPartland, 2012 ME 12, ¶ 8 , 36 A.3d 881 .

12023–2023
State of Maine v. Brent Croteau neutral
me · 2022
2 sentences

2023We have held 6“For the consent exception to the warrant requirement to apply, [t]he State must prove by a preponderance of the evidence that consent was objectively manifested by word or gesture and was freely and voluntarily given.” State v. Croteau, 2022 ME 22, ¶ 21 , 272 A.3d 286 (quotation marks omitted). 10 that a brief detention of a driver to “[s]ubject[] the driver to field sobriety tests,” Sylvain, 2003 ME 5, ¶ 18 , 814 A.2d 984 , is allowed if an officer has “a reasonable articulable suspicion of impairment,” State v. McPartland, 2012 ME 12, ¶ 8 , 36 A.3d 881 .

2023We have held 6“For the consent exception to the warrant requirement to apply, [t]he State must prove by a preponderance of the evidence that consent was objectively manifested by word or gesture and was freely and voluntarily given.” State v. Croteau, 2022 ME 22, ¶ 21 , 272 A.3d 286 (quotation marks omitted). 10 that a brief detention of a driver to “[s]ubject[] the driver to field sobriety tests,” Sylvain, 2003 ME 5, ¶ 18 , 814 A.2d 984 , is allowed if an officer has “a reasonable articulable suspicion of impairment,” State v. McPartland, 2012 ME 12, ¶ 8 , 36 A.3d 881 .

12023–2023
State v. McPartland green
me · 2012
2 sentences

2023We have held 6“For the consent exception to the warrant requirement to apply, [t]he State must prove by a preponderance of the evidence that consent was objectively manifested by word or gesture and was freely and voluntarily given.” State v. Croteau, 2022 ME 22, ¶ 21 , 272 A.3d 286 (quotation marks omitted). 10 that a brief detention of a driver to “[s]ubject[] the driver to field sobriety tests,” Sylvain, 2003 ME 5, ¶ 18 , 814 A.2d 984 , is allowed if an officer has “a reasonable articulable suspicion of impairment,” State v. McPartland, 2012 ME 12, ¶ 8 , 36 A.3d 881 .

2023We have held 6“For the consent exception to the warrant requirement to apply, [t]he State must prove by a preponderance of the evidence that consent was objectively manifested by word or gesture and was freely and voluntarily given.” State v. Croteau, 2022 ME 22, ¶ 21 , 272 A.3d 286 (quotation marks omitted). 10 that a brief detention of a driver to “[s]ubject[] the driver to field sobriety tests,” Sylvain, 2003 ME 5, ¶ 18 , 814 A.2d 984 , is allowed if an officer has “a reasonable articulable suspicion of impairment,” State v. McPartland, 2012 ME 12, ¶ 8 , 36 A.3d 881 .

12023–2023
State of Maine v. Randy R. Marquis green
me · 2018
1 sentence

2022State v. Marquis, 2018 ME 39, ¶ 17 , 181 A.3d 684 .

12022–2022
State v. Marquis green
me · 2018
1 sentence

2022State v. Marquis, 2018 ME 39, ¶ 17 , 181 A.3d 684 .

12022–2022
State v. Ayotte green
me · 2019
1 sentence

2022A blood draw for this purpose “therefore requires a warrant or the existence of an exception to the warrant requirement, such as consent.” Ayotte, 2019 ME 61, ¶ 8 , 207 A.3d 614 . [¶21] For the consent exception to the warrant requirement to apply, “[t]he State must prove by a preponderance of the evidence that consent was objectively manifested by word or gesture” and was freely and voluntarily given.

12022–2022
State of Maine v. Cade H. Ayotte green
me · 2019
1 sentence

2022A blood draw for this purpose “therefore requires a warrant or the existence of an exception to the warrant requirement, such as consent.” Ayotte, 2019 ME 61, ¶ 8 , 207 A.3d 614 . [¶21] For the consent exception to the warrant requirement to apply, “[t]he State must prove by a preponderance of the evidence that consent was objectively manifested by word or gesture” and was freely and voluntarily given.

12022–2022
Hawley v. Murphy green
me · 1999
2 sentences

2021P. 12(h)(1), (3); Hawley, 1999 ME 127 , ¶ 10 & n.6, 736 A.2d 268 ; Cohen, 25 N.E.3d at 844-45 ; Dissell v. Trans World Airlines, 511 A.2d 441, 443 (Me. 1986). [¶23] To determine whether the consent requirement of UIFSA is jurisdictional or procedural, we interpret the statute de novo by evaluating its plain meaning to effectuate the Legislature’s intent.

2021P. 12(h)(1), (3); Hawley, 1999 ME 127 , ¶ 10 & n.6, 736 A.2d 268 ; Cohen, 25 N.E.3d at 844-45 ; Dissell v. Trans World Airlines, 511 A.2d 441, 443 (Me. 1986). [¶23] To determine whether the consent requirement of UIFSA is jurisdictional or procedural, we interpret the statute de novo by evaluating its plain meaning to effectuate the Legislature’s intent.

12021–2021
Cohen v. Cohen green
mass · 2015
1 sentence

2021P. 12(h)(1), (3); Hawley, 1999 ME 127 , ¶ 10 & n.6, 736 A.2d 268 ; Cohen, 25 N.E.3d at 844-45 ; Dissell v. Trans World Airlines, 511 A.2d 441, 443 (Me. 1986). [¶23] To determine whether the consent requirement of UIFSA is jurisdictional or procedural, we interpret the statute de novo by evaluating its plain meaning to effectuate the Legislature’s intent.

12021–2021
In re Children of Jeremy A. green
me · 2018
2 sentences

2019In re Children of Jeremy A. , 2018 ME 82 , ¶ 21, 187 A.3d 602 (alterations, citations, and quotation marks omitted); see In re Alexandria C. , 2016 ME 182 , ¶¶ 18-19, 152 A.3d 617 . [¶24] The trial court did not err by concluding that the mother failed to meet her burden to show that her counsel at the consent hearing was deficient; therefore, we need not reach the prejudice prong of the ineffective assistance analysis.

2019In re Children of Jeremy A. , 2018 ME 82 , ¶ 21, 187 A.3d 602 (alterations, citations, and quotation marks omitted); see In re Alexandria C. , 2016 ME 182 , ¶¶ 18-19, 152 A.3d 617 . [¶24] The trial court did not err by concluding that the mother failed to meet her burden to show that her counsel at the consent hearing was deficient; therefore, we need not reach the prejudice prong of the ineffective assistance analysis.

12019–2019
In re M.P. green
me · 2015
2 sentences

2019P. 60(b)(6) in accordance with our guidance in In re M.P. , 2015 ME 138 , ¶ 20, 126 A.3d 718 , similarly asserted ineffective assistance of counsel based on (1) her former attorney's failure to produce two specified witnesses at the consent hearing, and (2) her involuntary consent.

2019P. 60(b)(6) in accordance with our guidance in In re M.P. , 2015 ME 138 , ¶ 20, 126 A.3d 718 , similarly asserted ineffective assistance of counsel based on (1) her former attorney's failure to produce two specified witnesses at the consent hearing, and (2) her involuntary consent.

12019–2019
Troxel v. Granville green
scotus · 2000
12014–2014
Rideout v. Riendeau green
me · 2000
12014–2014
Davis v. Anderson green
me · 2008
12014–2014
Matthew W. Pitts v. Amanda M. Moore green
me · 2014
12014–2014
State v. Bailey green
me · 2010
12010–2010
POLAND TELEPHONE CO. v. Pine Tree Tel. & Tel. Co. green
me · 1966
11996–1996
People v. Todd green
ill · 1975
11978–1978
State v. Towry neutral
connsuperct · 1965
11978–1978
Lebel v. Swincicki green
mich · 1958
11978–1978
State v. Findlay green
iowa · 1966
11978–1978
State v. Kroening green
wis · 1956
11978–1978
State v. Capelle green
minn · 1969
11978–1978
State v. Howard green
neb · 1975
11978–1978

Statutes the citing opinions construe

ME § Me. Rev. Stat. tit. 29-A, § 2411 (6) ME § Me. Rev. Stat. tit. 15, § 2115 (5) ME § Me. Rev. Stat. tit. 29, § 1312 (5) ME § Me. Rev. Stat. tit. 29-A, § 2521 (5) ME § Me. Rev. Stat. tit. 15, § 2115-A (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 191 (1969–2026) CA 110 (1909–2025) OH 110 (1987–2026) PA 102 (1850–2026) NY 80 (1843–2026) IL 70 (1973–2026) WA 57 (1975–2026) MN 56 (1944–2024) MI 56 (1915–2026) FL 51 (1906–2024) OR 49 (1886–2026) WI 43 (1882–2026) GA 39 (1897–2025) IN 36 (1881–2019) IA 34 (1888–2026) NJ 34 (1968–2026) ID 32 (1981–2026) DC 31 (1984–2023) AL 29 (1853–2025) CO 28 (1961–2024) LA 24 (1966–2021) AZ 22 (1975–2026) NM 22 (1975–2023) MA 22 (1925–2025) KS 20 (1980–2024) HI 18 (1989–2020) CT 17 (1984–2019) ME 17 (1978–2026) TN 16 (1975–2023) MD 16 (1932–2022) MS 15 (1985–2017) UT 15 (1987–2025) VA 15 (1925–2022) MO 13 (1894–2012) AK 13 (1979–2023) SC 12 (1985–2023) MT 12 (1977–2018) OK 11 (1969–2020) NE 10 (1988–2023) AR 9 (1972–2017) SD 9 (1992–2024) RI 8 (1986–2017) WY 8 (1978–2008) NC 8 (1939–2020) ND 6 (1976–2017) NV 6 (2016–2024) VT 6 (1992–2026) DE 5 (1963–2022) WV 5 (1951–2001) NH 3 (1965–2011) GU 2 (2023–2025) KY 2 (2006–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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