8 Maine opinions name it 1 courts 1982–2026 6 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.
| Case | Followed | Cited |
|---|---|---|
State v. Wymangreen2 sentences1993Our view that “[t]he prosecutor’s duty ‘to see that the accused has a fair trial as well as the duty to bring about a just conviction of the guilty’ should, by now, be well known to the prosecutorial bar.” State v. Reilly, 446 A.2d 1125, 1128 (Me.1982) (quoting State v. Wyman, 270 A.2d 460, 463 (Me.1970)). 1982The prosecutor’s duty “to see that the accused has a fair trial [as well as the duty] to bring about a just conviction of the guilty,” State v. Wyman, Me., 270 A.2d 460, 463 (1970), should, by now, be well known to the prosecutorial bar. | 2 | 2 |
United States v. Mooneygreen1 sentence2026“Multiple ‘incidents of prosecutorial [error], none of which individually would require reversal, taken together may have a cumulative effect’ of violating a defendant's right to a fair trial.” Id. (quoting United States v. Mooney, 315 F.3d 54, 61 (1st Cir.2002)). [¶32] First and foremost, the substantial evidence of Moulton’s guilt weighs against the cumulative prejudice of the prosecutorial error in this case. | 1 | 1 |
Dugas v. Coplangreen1 sentence2023See Dugas v. Coplan, 428 F.3d 317, 335 (1st Cir. 2005). [¶30] In Pratt’s direct appeal, we already considered the prejudicial effect of the prosecutorial error. | 1 | 1 |
Richard Watson v. State of Mainegreen2 sentences2023Resulting Prejudice [¶28] Pratt argues that trial counsel’s decision to open the door to evidence about Pratt’s parenting practices and his failure to object at trial to the prosecutorial error, in aggregate, make Pratt’s conviction unreliable and unworthy of confidence. [¶29] If a petitioner proves the first prong of the Strickland test, then the petitioner must next prove that she was prejudiced, i.e., “that the errors of counsel actually had an adverse effect on the defense.” Watson, 2020 ME 51, ¶ 29 , 230 A.3d 6 (quotation marks omitted). 2023Resulting Prejudice [¶28] Pratt argues that trial counsel’s decision to open the door to evidence about Pratt’s parenting practices and his failure to object at trial to the prosecutorial error, in aggregate, make Pratt’s conviction unreliable and unworthy of confidence. [¶29] If a petitioner proves the first prong of the Strickland test, then the petitioner must next prove that she was prejudiced, i.e., “that the errors of counsel actually had an adverse effect on the defense.” Watson, 2020 ME 51, ¶ 29 , 230 A.3d 6 (quotation marks omitted). | 1 | 1 |
State v. Reillygreen1 sentence1993Our view that “[t]he prosecutor’s duty ‘to see that the accused has a fair trial as well as the duty to bring about a just conviction of the guilty’ should, by now, be well known to the prosecutorial bar.” State v. Reilly, 446 A.2d 1125, 1128 (Me.1982) (quoting State v. Wyman, 270 A.2d 460, 463 (Me.1970)). | 1 | 1 |
State v. Ledgergreen1 sentence1982See Ledger, 444 A.2d at 411 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Dolloff
green
2 sentences2026“Multiple ‘incidents of prosecutorial [error], none of which individually would require reversal, taken together may have a cumulative effect’ of violating a defendant's right to a fair trial.” Id. (quoting United States v. Mooney, 315 F.3d 54, 61 (1st Cir.2002)). [¶32] First and foremost, the substantial evidence of Moulton’s guilt weighs against the cumulative prejudice of the prosecutorial error in this case. 2024The State’s request that the jury not compromise on the decedent’s life during deliberations was harmless because the trial court gave a prompt curative instruction that directly addressed the prosecutor’s error and adequately eliminated any prejudice. [¶27] “The importance of bringing alleged error, including prosecutorial misconduct, immediately to the attention of the trial court is manifested in the standards of review for errors that were objected to at trial.” Dolloff, 2012 ME 130, ¶ 31 , 58 A.3d 1032 ; see M.R.U. | 2 | 2024–2026 |
State of Maine v. Kristina I. Lowe
green
2 sentences2024Sufficiency of the Evidence [¶23] Thistle lastly argues that the evidence was insufficient to support the jury’s verdict because the record does not support the finding that Thistle owed a legal obligation to make any payment to Gilman’s children. [¶24] When a defendant challenges the sufficiency of the evidence to support his criminal conviction, “we view the evidence in the light most favorable to the State to determine whether the factfinder could rationally find every element of the offense beyond a reasonable doubt.” State v. Lowe, 2015 ME 124, ¶ 27 , 124 A.3d 156 . 2024Sufficiency of the Evidence [¶23] Thistle lastly argues that the evidence was insufficient to support the jury’s verdict because the record does not support the finding that Thistle owed a legal obligation to make any payment to Gilman’s children. [¶24] When a defendant challenges the sufficiency of the evidence to support his criminal conviction, “we view the evidence in the light most favorable to the State to determine whether the factfinder could rationally find every element of the offense beyond a reasonable doubt.” State v. Lowe, 2015 ME 124, ¶ 27 , 124 A.3d 156 . | 2 | 2024–2024 |
State v. Lyons
green
2 sentences2026State v. Lyons, 1998 ME 225, ¶ 13 , 718 A.2d 1102 (holding that the error of ambiguously referring to the defendant’s failure to testify was harmless due to the substantial evidence of the defendant’s guilt). 2026State v. Lyons, 1998 ME 225, ¶ 13 , 718 A.2d 1102 (holding that the error of ambiguously referring to the defendant’s failure to testify was harmless due to the substantial evidence of the defendant’s guilt). | 1 | 2026–2026 |
State of Maine v. Daniel P. Warner
green
2 sentences2024“We will first review instances of alleged prosecutorial error to determine whether error occurred, and, if there was error, we will then review the State’s comments as a whole, examining the incidents of error both alone and cumulatively.” State v. Warner, 2023 ME 55, ¶ 14 , 301 A.3d 763 (quotation marks omitted). [¶41] Despite the conceded prosecutorial error, the court did not commit obvious error. 2024“We will first review instances of alleged prosecutorial error to determine whether error occurred, and, if there was error, we will then review the State’s comments as a whole, examining the incidents of error both alone and cumulatively.” State v. Warner, 2023 ME 55, ¶ 14 , 301 A.3d 763 (quotation marks omitted). [¶41] Despite the conceded prosecutorial error, the court did not commit obvious error. | 1 | 2024–2024 |
State of Maine v. Meggan M. Pratt
green
2 sentences2023Pratt, 2020 ME 141, ¶ 19 , 243 A.3d 469 . 2023Pratt, 2020 ME 141, ¶ 19 , 243 A.3d 469 . | 1 | 2023–2023 |
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.