lack instruction (Maine) · Go Syfert
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lack instruction in Maine

6 Maine opinions name it 2 courts 1985–2025 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 (6)

CaseFollowedCited
People v. Van Dorstengreen
mich · 1993 · cited in 1 Maine opinions naming this issue, 2025–2025
1 sentence

2025See, e.g., People v. Van Dorsten, 494 N.W.2d 737, 739 (Mich. 1993) (holding that the failure to give an instruction requiring unanimity on a particular act in no way impeded the defense or denied the defense a fair trial when “[t]he defendant’s position was simply that there was 18 no sexual assault committed,” and the parties therefore did not “focus on the specifics of individual penetrations”); Baker v. State, 948 N.E.2d 1169, 1179 (Ind. 2011) (holding, when the defense sought only to undermine the alleged witnesses’ credibility, that the defendant had not demonstrated that the lack of a sp

11
People v. Cooksgreen
mich · 1994 · cited in 1 Maine opinions naming this issue, 2025–2025
1 sentence

2025See, e.g., People v. Van Dorsten, 494 N.W.2d 737, 739 (Mich. 1993) (holding that the failure to give an instruction requiring unanimity on a particular act in no way impeded the defense or denied the defense a fair trial when “[t]he defendant’s position was simply that there was 18 no sexual assault committed,” and the parties therefore did not “focus on the specifics of individual penetrations”); Baker v. State, 948 N.E.2d 1169, 1179 (Ind. 2011) (holding, when the defense sought only to undermine the alleged witnesses’ credibility, that the defendant had not demonstrated that the lack of a sp

11
Baker v. Stategreen
ind · 2011 · cited in 1 Maine opinions naming this issue, 2025–2025
1 sentence

2025See, e.g., People v. Van Dorsten, 494 N.W.2d 737, 739 (Mich. 1993) (holding that the failure to give an instruction requiring unanimity on a particular act in no way impeded the defense or denied the defense a fair trial when “[t]he defendant’s position was simply that there was 18 no sexual assault committed,” and the parties therefore did not “focus on the specifics of individual penetrations”); Baker v. State, 948 N.E.2d 1169, 1179 (Ind. 2011) (holding, when the defense sought only to undermine the alleged witnesses’ credibility, that the defendant had not demonstrated that the lack of a sp

11
Anderson v. Stategreen
alaskactapp · 2014 · cited in 1 Maine opinions naming this issue, 2025–2025
1 sentence

2025Likewise, the State’s theory of the case was consistent as to each act of sexual contact. 337 P.3d 534, 543 (Alaska Ct. App. 2014). [¶30] In cases involving the allegation of multiple materially similar sexual assaults, other courts have also been reluctant to conclude that the lack of an instruction on specific unanimity affects the defendant’s substantial rights and amounts to obvious error.

11
State v. Davisgreen
me · 1987 · cited in 1 Maine opinions naming this issue, 2002–2002
1 sentence

2002The State asks this Court to engage in a comparative analysis of the evidence to show that the lack of an instruction did not affect the verdict, i.e., a harmless error analysis. [¶ 11] However, our precedents demonstrate that typically “where self-defense is an issue essential to the defendant’s case, the court’s failure to instruct on self-defense pursuant to section 108 deprives the defendant of a fair trial and amounts to obvious error.” Id. (quoting State v. Davis, 528 A.2d 1267, 1270 (Me.1987)) (internal quotation marks omitted).

11
Balian v. Board of Licensure in Medicinegreen
me · 1999 · cited in 1 Maine opinions naming this issue, 2002–2002
2 sentences

2002See Balian v. Bd. of Licensure in Medicine, 1999 ME 8 , FJ 12, 13, 722 A.2d 364, 367 (Board’s failure to disclose the ethical standard 2.

2002See Balian v. Bd. of Licensure in Medicine, 1999 ME 8 , FJ 12, 13, 722 A.2d 364, 367 (Board’s failure to disclose the ethical standard 2.

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 (3)

CaseCitedYears
North Star Capital Acquisition, LLC v. Victor green
me · 2009
2 sentences

2018The record makes it clear that the lack of exception made for Defendant in the April 21 Order was an oversight. 4 Summary Judgment Because Defendant is the moving party on Count I of his counterclaim, he bears the burden of "demonstrat[ing] that each element of [his J claim is established without dispute as to material fact within the summary judgment record." N Star Capital Acquisition, LLC v. Victor, 2009 ME 129 , ,r 8, 984 A.2d 1278 (citations omitted).

2018The record makes it clear that the lack of exception made for Defendant in the April 21 Order was an oversight. 4 Summary Judgment Because Defendant is the moving party on Count I of his counterclaim, he bears the burden of "demonstrat[ing] that each element of [his J claim is established without dispute as to material fact within the summary judgment record." N Star Capital Acquisition, LLC v. Victor, 2009 ME 129 , ,r 8, 984 A.2d 1278 (citations omitted).

12018–2018
Maravell v. R.J. Grondin & Sons green
me · 2007
2 sentences

2016Duty "Duty involves the question of whether the defendant is under any obligation for the benefit of the particular plaintiff." Maravell v. R.J Grondin & Sons, 2007 ME 1 , ~ 7, 914 A.2d 709 (quoting Searles v. Trs. of St.

2016Duty "Duty involves the question of whether the defendant is under any obligation for the benefit of the particular plaintiff." Maravell v. R.J Grondin & Sons, 2007 ME 1 , ~ 7, 914 A.2d 709 (quoting Searles v. Trs. of St.

12016–2016
Wells v. State green
me · 1984
1 sentence

1985In Wells v. State, 474 A.2d 846 (Me.1984), the Law Court reviewed on appeal the Wellses’ petition for habeas corpus and concluded, based on the lack of a hearing on March 3 on their current ability to pay the debt, that Judge Benoit imprisoned them illegally.

11985–1985

Where else courts name it

TX 241 (1968–2026) CA 230 (1943–2026) OH 112 (1981–2025) PA 86 (1927–2026) WA 74 (1974–2025) IL 72 (1908–2026) NY 53 (1898–2023) FL 49 (1973–2026) NJ 44 (1941–2026) GA 43 (1964–2024) MS 41 (1965–2024) IN 40 (1975–2026) MO 40 (1942–2024) MI 37 (1914–2025) MA 34 (1947–2023) LA 25 (1967–2020) CT 25 (1943–2024) OK 24 (1932–2020) MN 24 (1975–2024) IA 21 (1975–2025) OR 21 (1988–2024) MD 20 (1951–2025) VT 18 (1977–2025) NC 18 (1973–2022) CO 18 (1991–2026) AZ 16 (1970–2024) KS 16 (1904–2024) NM 16 (1929–2024) WI 15 (1963–2025) AL 15 (1968–2025) UT 15 (1988–2026) TN 14 (1984–2021) WV 14 (1959–2026) DC 14 (1976–2023) ND 12 (1955–2021) KY 11 (1940–2026) HI 9 (1962–2023) WY 8 (1986–2019) RI 8 (1980–2010) NE 7 (1981–2026) NH 7 (1970–2023) MT 7 (1899–2025) VA 6 (1950–2010) NV 6 (1939–2021) ME 6 (1985–2025) SD 5 (2007–2020) SC 5 (1984–2002) AK 5 (1980–2015) ID 4 (1987–2023) AR 3 (1987–2018) DE 3 (1962–2025) GU 2 (2021–2022)

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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