contention error (Maine) · Go Syfert
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contention error in Maine

9 Maine opinions name it 2 courts 1908–2025 1 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 (4)

CaseFollowedCited
State v. Coombsgreen
me · 1998 · cited in 1 Maine opinions naming this issue, 2025–2025
2 sentences

2025“Moreover, where in-custody interrogation is involved, there is no room for the contention that the privilege is waived if the individual answers some questions or gives some information on his own prior to invoking his right to remain silent when interrogated.” Id. at 475-476 ; see State v. Coombs, 1998 ME 1, ¶ 15 , 704 A.2d 387 (noting that under federal law, the State must “establish[] a knowing, intelligent, and voluntary waiver of Miranda rights by a preponderance of the evidence”).

2025“Moreover, where in-custody interrogation is involved, there is no room for the contention that the privilege is waived if the individual answers some questions or gives some information on his own prior to invoking his right to remain silent when interrogated.” Id. at 475-476 ; see State v. Coombs, 1998 ME 1, ¶ 15 , 704 A.2d 387 (noting that under federal law, the State must “establish[] a knowing, intelligent, and voluntary waiver of Miranda rights by a preponderance of the evidence”).

11
Indiana Grocery Co. v. Super Valu Stores, Inc.green
insd · 1988 · cited in 1 Maine opinions naming this issue, 2004–2004
1 sentence

2004Kan. 2003) (prohibiting the plaintiffs from invoking the state’s long-arm statute where the plaintiffs failed to provide legal support for the contention that a violation of the state’s antitrust laws constituted tortious behavior); Indiana Grocery Co. v. Super Valu Stores, Inc. 684 F. Supp. 561, 584 (S.D.

11
State v. Smithgreen
me · 1971 · cited in 1 Maine opinions naming this issue, 1977–1977
1 sentence

1977State v. Millett, supra; State v. Smith, Me., 277 A.2d 481, 492 (1971).

11
Schmerber v. Californiagreen
scotus · 1966 · cited in 1 Maine opinions naming this issue, 1969–1969
2 sentences

1969He further contends that extracting the blood from him for the purpose of analysis without first allowing him to obtain counsel to advise him of his statutory right in the premises constituted a violation of his constitutional rights under the Sixth Amendment of the Constitution of the United States. *60 The holdings in Schmerber v. California, 384 U.S. 757, 761, 764 , 86 S.Ct. 1826, 1830, 1832 , 16 L.Ed.2d 908 (1966) are persuasive in our opinion that the defendant’s contention of violation of constitutional rights under the Fifth and Sixth Amendments to the Constitution is without merit.

1969He further contends that extracting the blood from him for the purpose of analysis without first allowing him to obtain counsel to advise him of his statutory right in the premises constituted a violation of his constitutional rights under the Sixth Amendment of the Constitution of the United States. *60 The holdings in Schmerber v. California, 384 U.S. 757, 761, 764 , 86 S.Ct. 1826, 1830, 1832 , 16 L.Ed.2d 908 (1966) are persuasive in our opinion that the defendant’s contention of violation of constitutional rights under the Fifth and Sixth Amendments to the Constitution is without merit.

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 (9)

CaseCitedYears
Miranda v. Arizona green
scotus · 1966
1 sentence

2025“Moreover, where in-custody interrogation is involved, there is no room for the contention that the privilege is waived if the individual answers some questions or gives some information on his own prior to invoking his right to remain silent when interrogated.” Id. at 475-476 ; see State v. Coombs, 1998 ME 1, ¶ 15 , 704 A.2d 387 (noting that under federal law, the State must “establish[] a knowing, intelligent, and voluntary waiver of Miranda rights by a preponderance of the evidence”).

12025–2025
State v. Hines green
me · 1984
1 sentence

1984In State v. Hines, 472 A.2d 422 (Me.1984), and State v. Plante, 417 A.2d 991 (Me.1980), this Court rejected the contention that it is error for the trial justice to expressly consider his disbelief of a defendant’s testimony as one factor, among others, in imposing an appropriate sentence.

11984–1984
State v. Plante green
me · 1980
1 sentence

1984In State v. Hines, 472 A.2d 422 (Me.1984), and State v. Plante, 417 A.2d 991 (Me.1980), this Court rejected the contention that it is error for the trial justice to expressly consider his disbelief of a defendant’s testimony as one factor, among others, in imposing an appropriate sentence.

11984–1984
Santosky v. Kramer green
scotus · 1982
2 sentences

1984Turning to the last issue raised on appeal, we find no merit in the mother’s contention that the standard of clear and convincing evidence as applied in this case 5 fails to satisfy the requirements of due process under the federal constitution as articulated by the United States Supreme Court in Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982).

1984Turning to the last issue raised on appeal, we find no merit in the mother’s contention that the standard of clear and convincing evidence as applied in this case 5 fails to satisfy the requirements of due process under the federal constitution as articulated by the United States Supreme Court in Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982).

11984–1984
State v. Millett green
me · 1971
1 sentence

1977State v. Millett, supra; State v. Smith, Me., 277 A.2d 481, 492 (1971).

11977–1977
Johnson v. Louisiana red
scotus · 1972
2 sentences

1974Johnson v. Louisiana, 406 U.S. 356 , 92 S.Ct. 1620 , 32 L.Ed.2d 152 (1972).

1974Johnson v. Louisiana, 406 U.S. 356 , 92 S.Ct. 1620 , 32 L.Ed.2d 152 (1972).

11974–1974
McKown v. Powers green
me · 1894
2 sentences

1970McKown v. Powers, 86 Me. 291, 293 , 29 A. 1079 , and State v. Carleton, 148 Me. 237, 239 , 92 A.2d 327 .

1970McKown v. Powers, 86 Me. 291, 293 , 29 A. 1079 , and State v. Carleton, 148 Me. 237, 239 , 92 A.2d 327 .

11970–1970
State v. Carleton green
me · 1952
2 sentences

1970McKown v. Powers, 86 Me. 291, 293 , 29 A. 1079 , and State v. Carleton, 148 Me. 237, 239 , 92 A.2d 327 .

1970McKown v. Powers, 86 Me. 291, 293 , 29 A. 1079 , and State v. Carleton, 148 Me. 237, 239 , 92 A.2d 327 .

11970–1970
Gorrell v. Greensboro Water Supply Co. green
nc · 1899
2 sentences

1908Gorrell v. Greensboro Water Co., 124 N. C. 328 , ( 32 S. E. 720 ), and Mugge v. Tampa Water Works Co., 42 South, 81 , (Fla.) follow the.

1908Gorrell v. Greensboro Water Co., 124 N. C. 328 , ( 32 S. E. 720 ), and Mugge v. Tampa Water Works Co., 42 South, 81 , (Fla.) follow the.

11908–1908

Where else courts name it

NY 383 (1889–2026) CA 244 (1905–2026) IL 128 (1891–2026) MO 113 (1905–2025) TX 110 (1908–2025) GA 78 (1916–2026) FL 51 (1920–2018) AL 46 (1915–2025) MD 42 (1919–2022) PA 38 (1903–2021) LA 38 (1933–2015) IN 37 (1890–2018) CO 35 (1924–2026) OR 33 (1908–2024) NJ 30 (1907–2025) KS 30 (1891–2011) OK 29 (1903–2012) MI 28 (1909–2026) UT 25 (1915–2018) WI 25 (1892–2024) WA 25 (1905–2017) IA 23 (1905–2020) MA 23 (1909–2020) KY 23 (1917–2022) CT 20 (1926–2026) TN 19 (1921–2021) VA 19 (1911–2024) NM 16 (1955–2023) MS 16 (1902–2016) NC 15 (1889–2021) NE 15 (1896–2021) RI 14 (1897–2021) WY 14 (1926–2015) WV 14 (1893–2017) AR 13 (1913–2014) ID 13 (1917–2011) DC 12 (1971–2026) SC 11 (1920–2017) HI 11 (1897–2023) AZ 11 (1931–1997) MT 10 (1903–2011) ND 9 (1910–1988) ME 9 (1908–2025) OH 9 (1965–2018) DE 8 (1935–2026) NV 7 (1937–2022) VT 7 (1909–2021) MN 5 (1906–1998) NH 4 (1992–2019) SD 3 (1905–1928) AK 3 (1996–2013)

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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