exercise privilege (Maine) · Go Syfert
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exercise privilege in Maine

7 Maine opinions name it 1 courts 1889–2025 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
United States v. Whitegreen
scotus · 1944 · cited in 1 Maine opinions naming this issue, 2025–2025
1 sentence

2025L. & Criminology 962 , 985-87 (1995). [¶60] More fundamentally, in the words of Justice Goldberg: “If the exercise of constitutional rights will thwart the effectiveness of a system of law enforcement, then there is something very wrong with that system.” Escobedo 35 v. Illinois, 378 U.S. 478, 490 (1964); see also Gendron, 146 Me. at 396-97 , 82 A.2d at 780 (quoting United States v. White, 322 U.S. 694, 698 (1944) (“The immediate and potential evils of compulsory self-disclosure transcend any difficulties that the exercise of the privilege may impose on society in the detection and prosecution

11
Escobedo v. Illinoisgreen
scotus · 1964 · cited in 1 Maine opinions naming this issue, 2025–2025
1 sentence

2025L. & Criminology 962 , 985-87 (1995). [¶60] More fundamentally, in the words of Justice Goldberg: “If the exercise of constitutional rights will thwart the effectiveness of a system of law enforcement, then there is something very wrong with that system.” Escobedo 35 v. Illinois, 378 U.S. 478, 490 (1964); see also Gendron, 146 Me. at 396-97 , 82 A.2d at 780 (quoting United States v. White, 322 U.S. 694, 698 (1944) (“The immediate and potential evils of compulsory self-disclosure transcend any difficulties that the exercise of the privilege may impose on society in the detection and prosecution

11
Gendron v. Burnhamgreen
me · 1951 · cited in 1 Maine opinions naming this issue, 2025–2025
2 sentences

2025L. & Criminology 962 , 985-87 (1995). [¶60] More fundamentally, in the words of Justice Goldberg: “If the exercise of constitutional rights will thwart the effectiveness of a system of law enforcement, then there is something very wrong with that system.” Escobedo 35 v. Illinois, 378 U.S. 478, 490 (1964); see also Gendron, 146 Me. at 396-97 , 82 A.2d at 780 (quoting United States v. White, 322 U.S. 694, 698 (1944) (“The immediate and potential evils of compulsory self-disclosure transcend any difficulties that the exercise of the privilege may impose on society in the detection and prosecution

2025L. & Criminology 962 , 985-87 (1995). [¶60] More fundamentally, in the words of Justice Goldberg: “If the exercise of constitutional rights will thwart the effectiveness of a system of law enforcement, then there is something very wrong with that system.” Escobedo 35 v. Illinois, 378 U.S. 478, 490 (1964); see also Gendron, 146 Me. at 396-97 , 82 A.2d at 780 (quoting United States v. White, 322 U.S. 694, 698 (1944) (“The immediate and potential evils of compulsory self-disclosure transcend any difficulties that the exercise of the privilege may impose on society in the detection and prosecution

11
State v. Dolloffgreen
me · 2012 · cited in 1 Maine opinions naming this issue, 2020–2020
2 sentences

2020See Dolloff, 2012 ME 130, ¶ 24 , 58 A.3d 1032 . [¶25] The victim’s description of the incident during her direct testimony included six facts that Sholes asserts she had not disclosed previously.3 Sholes’s attorney questioned the victim and law enforcement officers about whether the The six previously undisclosed facts were (1) that Sholes held her down by kneeling on one leg 3 and holding down the other; (2) that he picked up an exercise bar from the ground and threatened her with it; (3) that she attempted to make a 911 call on her Alexa device; (4) that he forced her head back; (5) that she

2020See Dolloff, 2012 ME 130, ¶ 24 , 58 A.3d 1032 . [¶25] The victim’s description of the incident during her direct testimony included six facts that Sholes asserts she had not disclosed previously.3 Sholes’s attorney questioned the victim and law enforcement officers about whether the The six previously undisclosed facts were (1) that Sholes held her down by kneeling on one leg 3 and holding down the other; (2) that he picked up an exercise bar from the ground and threatened her with it; (3) that she attempted to make a 911 call on her Alexa device; (4) that he forced her head back; (5) that she

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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 (5)

CaseCitedYears
Board of County Commissioners v. Maine Central Railroad green
me · 1975
1 sentence

1978See: Eastern Maine Electric Cooperative, Inc. v. Maine Yankee Atomic Power Company, supra.” ( 343 A.2d at 881 ) We conclude that by force of the legislative regulatory scheme, as well as the Commission’s own implementation thereof in the appropriate exercise of its rule-making powers, 10 MODA lacked the requisite interest to be an intervenor before the Commission and to have standing before this Court to claim error in rulings or orders of the Commission.

11978–1978
Collett v. Bither green
me · 1970
2 sentences

1971It is essential, however, to proper judicial administration that the exercise of the privilege not depend upon a purely arbitrary or capricious claim of apprehension of incriminating danger made by the person refusing to answer, and it is for the court to decide whether the fear of self-incrimination entertained by the witness or party is real or imaginary, substantial in character or so improbable or unrealistic that no reasonable person would suffer it to influence his conduct.” 262 A.2d 353, 358 .

1971It is essential, however, to proper judicial administration that the exercise of the privilege not depend upon a purely arbitrary or capricious claim of apprehension of incriminating danger made by the person refusing to answer, and it is for the court to decide whether the fear of self-incrimination entertained by the witness or party is real or imaginary, substantial in character or so improbable or unrealistic that no reasonable person would suffer it to influence his conduct.” 262 A.2d 353, 358 .

11971–1971
State v. Pike green
me · 1876
1 sentence

1953In announcing the foregoing conclusion we are not unmindful of the case of State v. Pike, 65 Me. 111 .

11953–1953
Gilbert v. Hole neutral
sd · 1891
1 sentence

1897The same distinction is aptly stated, in a South Dakota mining case, Gilbert v. Hole, 49 N. W.

11897–1897
Attorney General v. Bay State Mining Co. green
mass · 1868
1 sentence

1889As laid down by the court in Attorney Gen. v. Bay State Mining Co., 99 Mass. 148 , 153: “A corporation which seeks, by its agents, to establish a domicil of business in a state other than that of its creation, must take that domicil as individuals are always understood to do, subject to the responsibilities and burdens imposed by the laws which it finds in force there.” The exemption from trustee process on account of non-residence is not to be pushed beyond the reason of the rule, which rests upoir the idea that the property or debt sought to be reached is without the jurisdiction of the cour

11889–1889

Where else courts name it

CA 135 (1898–2026) NY 84 (1883–2025) PA 84 (1923–2026) IL 65 (1886–2025) TX 59 (1895–2023) NJ 56 (1903–2026) MA 47 (1881–2026) FL 43 (1940–2025) OH 39 (1927–2021) MD 38 (1954–2021) LA 34 (1917–2023) MI 33 (1921–2025) IN 32 (1896–2014) AL 29 (1887–2018) WI 28 (1932–2025) GA 28 (1903–2024) TN 26 (1918–2026) CT 24 (1920–2025) WA 24 (1920–2024) CO 23 (1909–2021) MO 20 (1905–2022) NC 17 (1912–2026) HI 16 (1909–2023) KS 15 (1895–2021) IA 14 (1904–2024) AZ 14 (1970–2019) MS 13 (1953–2018) OK 12 (1917–2012) KY 12 (1917–2025) DC 11 (1975–2008) OR 11 (1914–2021) RI 11 (1932–2011) AR 11 (1918–2010) UT 10 (1916–2015) AK 9 (1967–2024) WV 9 (1924–2022) NV 8 (1959–2015) MN 8 (1992–2016) ME 7 (1889–2025) WY 7 (1982–2020) SC 7 (1939–2014) SD 7 (1916–2007) ID 5 (2012–2021) ND 5 (1917–2015) VA 5 (1971–2011) NE 5 (1927–2000) NH 5 (1904–2019) MT 4 (1941–1987) NM 4 (1958–2021) VT 3 (1967–2019) DE 3 (1988–2024)

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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