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7 Maine opinions name it 1 courts 2003–2023 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.
| Case | Followed | Cited |
|---|---|---|
State of Maine v. Andrew B. Beangreen2 sentences2018Adams correctly notes that a direct appeal following a guilty plea may also be taken from an illegal sentence, but that is so only "if a constitutional or statutory violation is apparent from the record." State v. Davenport , 2016 ME 69 , ¶ 9, 138 A.3d 1205 (analyzing a defendant's direct appeal following a guilty plea); see also Bean , 2018 ME 58 , ¶ 16, 184 A.3d 373 . 2018Adams correctly notes that a direct appeal following a guilty plea may also be taken from an illegal sentence, but that is so only "if a constitutional or statutory violation is apparent from the record." State v. Davenport , 2016 ME 69 , ¶ 9, 138 A.3d 1205 (analyzing a defendant's direct appeal following a guilty plea); see also Bean , 2018 ME 58 , ¶ 16, 184 A.3d 373 . | 2 | 4 |
State v. Wardgreen2 sentences2016P. 20. [¶9] Thus, although a direct appeal may be proper if a constitutional or statutory violation is apparent from the record, see, e.g., Grindle,. 2008 ME 38, ¶ 14 , 942 A.2d 673 ; State v. Bennett, 2015 ME 46, ¶ 13 , 114 A.3d 994 ; State v. Ward, 2011 ME 74, ¶¶ 14, 28 , 21 A.3d 1033 , a direct appeal that does not argue any illegality, but instead challenges only the court’s *1208 findings or discretionary determinations, will be dismissed, see, e.g., State v. Schmidt, 2010 ME 8, ¶¶4, 7-8 , 988 A.2d 975 (per curiam). 2016P. 20. [¶9] Thus, although a direct appeal may be proper if a constitutional or statutory violation is apparent from the record, see, e.g., Grindle,. 2008 ME 38, ¶ 14 , 942 A.2d 673 ; State v. Bennett, 2015 ME 46, ¶ 13 , 114 A.3d 994 ; State v. Ward, 2011 ME 74, ¶¶ 14, 28 , 21 A.3d 1033 , a direct appeal that does not argue any illegality, but instead challenges only the court’s *1208 findings or discretionary determinations, will be dismissed, see, e.g., State v. Schmidt, 2010 ME 8, ¶¶4, 7-8 , 988 A.2d 975 (per curiam). | 1 | 1 |
State v. Schmidtgreen2 sentences2016P. 20. [¶9] Thus, although a direct appeal may be proper if a constitutional or statutory violation is apparent from the record, see, e.g., Grindle,. 2008 ME 38, ¶ 14 , 942 A.2d 673 ; State v. Bennett, 2015 ME 46, ¶ 13 , 114 A.3d 994 ; State v. Ward, 2011 ME 74, ¶¶ 14, 28 , 21 A.3d 1033 , a direct appeal that does not argue any illegality, but instead challenges only the court’s *1208 findings or discretionary determinations, will be dismissed, see, e.g., State v. Schmidt, 2010 ME 8, ¶¶4, 7-8 , 988 A.2d 975 (per curiam). 2016P. 20. [¶9] Thus, although a direct appeal may be proper if a constitutional or statutory violation is apparent from the record, see, e.g., Grindle,. 2008 ME 38, ¶ 14 , 942 A.2d 673 ; State v. Bennett, 2015 ME 46, ¶ 13 , 114 A.3d 994 ; State v. Ward, 2011 ME 74, ¶¶ 14, 28 , 21 A.3d 1033 , a direct appeal that does not argue any illegality, but instead challenges only the court’s *1208 findings or discretionary determinations, will be dismissed, see, e.g., State v. Schmidt, 2010 ME 8, ¶¶4, 7-8 , 988 A.2d 975 (per curiam). | 1 | 1 |
Gaffney v. Cummingsgreen2 sentences2003See Davis v. Bandemer, 478 U.S. 109, 138-39 , 106 S.Ct. 2797 , 92 L.Ed.2d 85 (1986) (plurality opinion) (disagreeing with the analysis that “the intentional drawing of district boundaries for partisan ends and for no other reason violates the Equal Protection Clause in and of itself’); Gaffney v. Cummings, 412 U.S. 735, 752-53 , 93 S.Ct. 2321 , 37 L.Ed.2d 298 (1973) (“[I]t would be idle, we think, to contend that any political consideration taken into account in fashioning a reapportionment plan is sufficient to invalidate it.... 2003See Davis v. Bandemer, 478 U.S. 109, 138-39 , 106 S.Ct. 2797 , 92 L.Ed.2d 85 (1986) (plurality opinion) (disagreeing with the analysis that “the intentional drawing of district boundaries for partisan ends and for no other reason violates the Equal Protection Clause in and of itself’); Gaffney v. Cummings, 412 U.S. 735, 752-53 , 93 S.Ct. 2321 , 37 L.Ed.2d 298 (1973) (“[I]t would be idle, we think, to contend that any political consideration taken into account in fashioning a reapportionment plan is sufficient to invalidate it.... | 1 | 1 |
Davis v. Bandemerred2 sentences2003See Davis v. Bandemer, 478 U.S. 109, 138-39 , 106 S.Ct. 2797 , 92 L.Ed.2d 85 (1986) (plurality opinion) (disagreeing with the analysis that “the intentional drawing of district boundaries for partisan ends and for no other reason violates the Equal Protection Clause in and of itself’); Gaffney v. Cummings, 412 U.S. 735, 752-53 , 93 S.Ct. 2321 , 37 L.Ed.2d 298 (1973) (“[I]t would be idle, we think, to contend that any political consideration taken into account in fashioning a reapportionment plan is sufficient to invalidate it.... 2003See Davis v. Bandemer, 478 U.S. 109, 138-39 , 106 S.Ct. 2797 , 92 L.Ed.2d 85 (1986) (plurality opinion) (disagreeing with the analysis that “the intentional drawing of district boundaries for partisan ends and for no other reason violates the Equal Protection Clause in and of itself’); Gaffney v. Cummings, 412 U.S. 735, 752-53 , 93 S.Ct. 2321 , 37 L.Ed.2d 298 (1973) (“[I]t would be idle, we think, to contend that any political consideration taken into account in fashioning a reapportionment plan is sufficient to invalidate it.... | 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 of Maine v. Thomas Bennett
green
2 sentences2023In an appeal from a conviction, a challenge to the sentence “is properly 1 Asante does not appeal the twenty-year sentence for robbery. 5 before us only if a defendant identifies an illegality, such as a constitutional or statutory violation, that is apparent from the record[,]” State v. Plante, 2018 ME 61, ¶ 6 , 184 A.3d 873 (footnote omitted), and “we are limited to reviewing only the legality, and not the propriety, of sentences imposed by the trial court[,]” State v. Bennett, 2015 ME 46, ¶ 14 , 114 A.3d 994 (quotation marks omitted). [¶11] Asante argues that the jury may have convicted him 2023In an appeal from a conviction, a challenge to the sentence “is properly 1 Asante does not appeal the twenty-year sentence for robbery. 5 before us only if a defendant identifies an illegality, such as a constitutional or statutory violation, that is apparent from the record[,]” State v. Plante, 2018 ME 61, ¶ 6 , 184 A.3d 873 (footnote omitted), and “we are limited to reviewing only the legality, and not the propriety, of sentences imposed by the trial court[,]” State v. Bennett, 2015 ME 46, ¶ 14 , 114 A.3d 994 (quotation marks omitted). [¶11] Asante argues that the jury may have convicted him | 4 | 2016–2023 |
State of Maine v. Michaela C. Davenport
green
2 sentences2018Adams correctly notes that a direct appeal following a guilty plea may also be taken from an illegal sentence, but that is so only "if a constitutional or statutory violation is apparent from the record." State v. Davenport , 2016 ME 69 , ¶ 9, 138 A.3d 1205 (analyzing a defendant's direct appeal following a guilty plea); see also Bean , 2018 ME 58 , ¶ 16, 184 A.3d 373 . 2018Adams correctly notes that a direct appeal following a guilty plea may also be taken from an illegal sentence, but that is so only "if a constitutional or statutory violation is apparent from the record." State v. Davenport , 2016 ME 69 , ¶ 9, 138 A.3d 1205 (analyzing a defendant's direct appeal following a guilty plea); see also Bean , 2018 ME 58 , ¶ 16, 184 A.3d 373 . | 4 | 2018–2018 |
State of Maine v. William C. Plante
neutral
1 sentence2023In an appeal from a conviction, a challenge to the sentence “is properly 1 Asante does not appeal the twenty-year sentence for robbery. 5 before us only if a defendant identifies an illegality, such as a constitutional or statutory violation, that is apparent from the record[,]” State v. Plante, 2018 ME 61, ¶ 6 , 184 A.3d 873 (footnote omitted), and “we are limited to reviewing only the legality, and not the propriety, of sentences imposed by the trial court[,]” State v. Bennett, 2015 ME 46, ¶ 14 , 114 A.3d 994 (quotation marks omitted). [¶11] Asante argues that the jury may have convicted him | 1 | 2023–2023 |
State v. Plante
neutral
1 sentence2023In an appeal from a conviction, a challenge to the sentence “is properly 1 Asante does not appeal the twenty-year sentence for robbery. 5 before us only if a defendant identifies an illegality, such as a constitutional or statutory violation, that is apparent from the record[,]” State v. Plante, 2018 ME 61, ¶ 6 , 184 A.3d 873 (footnote omitted), and “we are limited to reviewing only the legality, and not the propriety, of sentences imposed by the trial court[,]” State v. Bennett, 2015 ME 46, ¶ 14 , 114 A.3d 994 (quotation marks omitted). [¶11] Asante argues that the jury may have convicted him | 1 | 2023–2023 |
State v. Grindle
green
2 sentences2016P. 20. [¶9] Thus, although a direct appeal may be proper if a constitutional or statutory violation is apparent from the record, see, e.g., Grindle,. 2008 ME 38, ¶ 14 , 942 A.2d 673 ; State v. Bennett, 2015 ME 46, ¶ 13 , 114 A.3d 994 ; State v. Ward, 2011 ME 74, ¶¶ 14, 28 , 21 A.3d 1033 , a direct appeal that does not argue any illegality, but instead challenges only the court’s *1208 findings or discretionary determinations, will be dismissed, see, e.g., State v. Schmidt, 2010 ME 8, ¶¶4, 7-8 , 988 A.2d 975 (per curiam). 2016P. 20. [¶9] Thus, although a direct appeal may be proper if a constitutional or statutory violation is apparent from the record, see, e.g., Grindle,. 2008 ME 38, ¶ 14 , 942 A.2d 673 ; State v. Bennett, 2015 ME 46, ¶ 13 , 114 A.3d 994 ; State v. Ward, 2011 ME 74, ¶¶ 14, 28 , 21 A.3d 1033 , a direct appeal that does not argue any illegality, but instead challenges only the court’s *1208 findings or discretionary determinations, will be dismissed, see, e.g., State v. Schmidt, 2010 ME 8, ¶¶4, 7-8 , 988 A.2d 975 (per curiam). | 1 | 2016–2016 |
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.
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.