Bossie v. State, 488 A.2d 477 (Me. 1985). · Go Syfert
Bossie v. State, 488 A.2d 477 (Me. 1985). Cases Citing This Book View Copy Cite
48 citation events (20 in the last 25 years) across 8 distinct courts.
Strongest positive: Necec Transmission, LLC v. Bureau of Parks and Lands (mesuperct, 2022-10-21)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 21 distinct citers.
cited Cited as authority (rule) Necec Transmission, LLC v. Bureau of Parks and Lands
Me. Super. Ct · 2022 · confidence medium
Maine law requires “strict separation of powers between the three branches of government.” Bossie v. State, 488 A.2d 477, 480 (Me. 1985).
discussed Cited as authority (rule) Southern Maine Landlord Ass. v. The City of Portland, Maine
Me. Super. Ct · 2021 · confidence medium
On a facial void for vagueness challenge, the court "is bound to avoid an unconstitutional interpretation of a statute if a reasonable interpretation of the statue would satisfy constitutional requirements." Bossie v. State, 488 A.2d 477, 479 (Me. 1985).
discussed Cited as authority (rule) State Ex Rel. John Esteen v. State of Louisiana
La. · 2018 · confidence medium
In so ruling, this court was aligned with a majority of jurisdictions which have found that the power to reduce final sentences belongs to the executive branch.1 1 See State v. Philipps, 521 N.W.2d 913, 917 (Neb. 1994) (“[T]o interpret a statute such that it would reduce, without the approval of the Board of Pardons, a sentence imposed prior to its enactment would render the statute unconstitutional, for it would permit a legislative invasion of the power of commutation constitutionally consigned to the board.”); State v. Cummings, 386 N.W.2d 468 , 472 n.2 (N.D. 1986) (“Legislation lesse…
discussed Cited as authority (rule) Nader v. Maine Democratic Party (2×)
Me. · 2012 · confidence medium
Thus, when there is a reasonable interpretation of a statute that will satisfy constitutional requirements, we will adopt that interpretation, Driscoll, 2005 ME 52, ¶ 6 , 870 A.2d 124 , notwithstanding other possible interpretations of the statute that could violate the Constitution, see Rideout, 2000 ME 198, ¶ 14 , 761 A.2d 291 ; Bossie v. State, 488 A.2d 477, 479 (Me.1985) (stating that "this Court is bound to avoid an unconstitutional interpretation of a statute if a reasonable interpretation of the statute would satisfy constitutional requirements"). [¶ 20] This appeal requires us to in…
discussed Cited as authority (rule) McGee v. Secretary of State
Me. Super. Ct · 2006 · confidence medium
The Law Court has stated, "[wlhen reviewing a statute for its constitutionality, we begin with the basic principal of statutory construction that, 'this Court is bound to avoid an unconstitutional interpretation of a statute if a reasonable interpretation of the statute would satisfy constitutional requirements'." State v. Cropley, 544 A.2d 302, 304 (Me. 1988) (quoting Bossie v. State, 488 A.2d 477, 479 (Me. 1985).
discussed Cited as authority (rule) Smith v. Hawthorne
Me. · 2006 · confidence medium
Irish v. Gimbel, 1997 ME 50, ¶ 6 , 691 A.2d 664, 669 ; State v. Cropley, 544 A.2d 302, 304 (Me.1988); Bossie v. State, 488 A.2d 477, 479 (Me.1985). [¶ 30] The questions of admissibility of unanimous findings, within a panel report, that favor different parties and the capacity of each party to offer fewer than all of the unanimous findings into evidence are not explicitly addressed on the face of the statute.
cited Cited as authority (rule) Bates v. Department of Behavioral & Developmental Services
Me. · 2004 · confidence medium
See also In re Dunleavy, 2003 ME 124, ¶ 6 , 838 A.2d 338, 343 ; Bossie v. State, 488 A.2d 477, 480 (Me.1985); Curtis v. Cornish, 109 Me. 384, 391-92 , 84 A. 799, 802 (1912).
discussed Cited as authority (rule) In Re Dunleavy (2×)
Me. · 2003 · confidence medium
Id. at 800 ; Bossie v. State, 488 A.2d 477, 480 (Me.1985). [¶ 7] The Judicial Branch’s powers are established pursuant to Article VI, Section 1 of the Maine Constitution, which states: Section 1.
discussed Cited as authority (rule) State v. Nastvogel
Me. · 2002 · confidence medium
Constitutionality [¶ 9] Nastvogel also argues that the harassment statute, 17-A M.R.S.A. § 506-A(l), is unconstitutionally void for vagueness because it does not define “course of conduct.” Statutes are presumed to be constitutional, and we are “ ‘bound to avoid an unconstitutional interpretation of a statute if a reasonable interpretation of the statute would satisfy constitutional requirements.’ ” State v. Cropley, 544 A.2d 302, 304 (Me.1988) (quoting Bossie v. State, 488 A.2d 477, 479 (Me.1985)). [¶ 10] The phrase “course of conduct” appears undefined numerous times in th…
discussed Cited as authority (rule) Bagley v. Raymond School Department (2×)
Me. · 1999 · confidence medium
We therefore address the parents’ claims with the understanding that the rights guaranteed by the United States Constitution and the Maine Constitution are coextensive. 8 [¶ 14] Because we are asked to review the constitutionality of an act of the Legislature, we “begin with the basic principle of statutory construction that ‘this Court is bound to avoid an unconstitutional construction of a statute if a reasonable interpretation of the statute would satisfy constitutional requirements.’” State v. Cropley, 544 A.2d 302, 304 (Me.1988) (quoting Bossie v. State, 488 A.2d 477, 479 (1985…
discussed Cited as authority (rule) Austin v. State
Me. · 1995 · confidence medium
The reduction of Austin’s life sentence was the equivalent of a commutation, and thus intruded on the power reserved to the Governor by Article V of the Maine Constitution. 5 See Gilbert v. State, 505 A.2d 1326, 1328 (Me.1986); Bossie v. State, 488 A.2d 477, 479-80 (Me.1985).
discussed Cited as authority (rule) State v. Cropley
Me. · 1988 · confidence medium
When reviewing a statute for its constitutionality, we begin with the basic principle of statutory construction that “this Court is bound to avoid an unconstitutional interpretation of a statute if a reasonable interpretation of the statute would satisfy constitutional requirements.” Bossie v. State, 488 A.2d 477, 479 (Me.1985).
discussed Cited as authority (rule) Littlefield v. Caton
D. Me. · 1988 · confidence medium
Specifically, it would “increase the amount of good-time credits available to prisoners already in the custody of the Department of Corrections at the effective date of the stat *95 ute,” Bossie , at 479-80, and thus would effect a commutation of an existing sentence in violation of the separation of powers.
discussed Cited as authority (rule) Kent County Prosecutor v. Kent County Sheriff
Mich. · 1986 · confidence medium
Also, compare Bossie v Maine, 488 A2d 477, 479-480 (Me, 1985), where the Supreme Judicial Court of Maine held unconstitutional a statute increasing "good time” reductions available to prisoners committed to custody before its effective date because it acted to commute "the lengths of existing sentences” and Gilbert v Maine, 505 A2d 1326 (Me, 1986), in which the Court found unconstitutional the application of the discharge provision which was added many years subsequent to Gilbert’s sentence to life imprisonment without parole.
discussed Cited "see" Maine Ass'n of Health Plans v. Superintendent of Insurance (2×)
Me. · 2007 · signal: see · confidence high
See Bossie v. State, 488 A.2d 477, 480-81 (Me.1985).
discussed Cited "see" In Re Matthew W.
Me. · 2006 · signal: see · confidence high
See Bossie v. State, 488 A.2d 477, 479 (Me.1985) (reiterating the principle of statutory construction that we will “avoid an unconstitutional interpretation of a statute if a reasonable interpretation of the statute would satisfy constitutional requirements”). [¶ 12] Thus, due process requires that parents be afforded the same procedural protections before approval of a DNR for their child as they are afforded prior to the termination of their parental rights.
discussed Cited "see" State v. O'CONNOR
Me. · 1996 · signal: see · confidence high
See Bossie v. State, 488 A.2d 477, 479 (Me.1985) (holding that a retroactive application of section 17-A M.R.S.A. § 1253(3) calculating good time for criminal defendants already in custody was an unconstitutional usurpation of the governor's commutation power).
discussed Cited "see" Jacques v. American Home Assurance Co. (2×)
Me. · 1992 · signal: see · confidence high
See Bossie v. State, 488 A.2d 477, 479 (Me.1985) (an unconstitutional interpretation of a statute will be avoided where a reasonable interpretation of a statute will satisfy constitutional requirements).
cited Cited "see" State v. Horton
Me. · 1989 · signal: see · confidence high
See Bossie v. State, 488 A.2d 477, 479 (Me.1985).
cited Cited "see" State v. Willoughby
Me. · 1987 · signal: see · confidence high
See Bossie v. State, 488 A.2d 477, 480 (Me.1985); State v. Hunter, 447 A.2d 797, 799-800 (Me.1982).
discussed Cited "see, e.g." Town of Baldwin v. Carter
Me. · 2002 · signal: see also · confidence medium
Maine Milk Producers, Inc., v. Comm’r of Agric., 483 A.2d 1213, 1218 (Me.1984); see also State v. Cropley, 544 A.2d 302, 304 (Me.1988) (“this Court is bound to avoid an unconstitutional interpretation of a statute if a reasonable inter *67 pretation of the statute would satisfy constitutional requirements”) (quoting Bossie v. State, 488 A.2d 477, 479 (Me.1985)).
David BOSSIE, Et Al.
v.
STATE of Maine
Supreme Judicial Court of Maine.
Feb 27, 1985.
488 A.2d 477
Sherrilynn S. Smith (orally), Waterville, for plaintiff., Charles K. Leadbetter (orally), Anita M. St. Onge, Asst. Attys. Gen., Augusta, for defendant.
McKusick, Roberts, Yiolette, Wathen, Glassman, Scolnik.
Cited by 34 opinions  |  Published
WATHEN, Justice.

On this consolidated appeal arising from an order of the Superior Court (Kennebec County) denying six consolidated Petitions for Post-Conviction Review, three of the six defendants below appeal to the Law Court pursuant to 15 M.R.S.A. § 2131 (Supp. 1983-1984) and M.R.Crim.P. 76. On appeal, petitioners contend that the Superior Court erred in deciding that a recently enacted statutory formula for the calculation of good-time reductions in prior sentences is an unconstitutional exercise of legislative power in conflict with the exclusive power of the executive to commute sentences. We agree with the order of the Superior Court and deny the appeal.

The three petitioners, David Bossie, Matthew R. Downing, and Kenneth D. Ranc-ourt were convicted and placed in custody when the calculation of “good-time” reductions (for faithfully observing rules and requirements) in their sentences was controlled by 17-A M.R.S.A. § 1253(3-A) (as last amended by P.L.1977, ch. 510, § 81). [1] Under this section, each defendant received credit for good-time at the end of each thirty day period of incarceration. The effect of the method of calculation under section 1253(3-A) was potentially to reduce a prisoner’s total sentence by ¼, 40 days credit for 30 days served. Section 1253(3-A) was repealed and replaced by 17-A M.R. S.A. § 1253(3) (Supp.1983-1984) (as amend[*479] ed by P.L.1983, ch. 456). [2] Under the new method of calculating good-time, 10 days per month is credited up front before the time is actually served. The effect of section 1253(3) is potentially to reduce sentences by about lh, 30 days credit for every 20 days served. Although the effective date of amended section 1253(3) was October 1, 1983, the final sentence of section 1253(3) makes the subsection applicable to persons committed to the custody of the Department of Corrections before the effective date, as to the portions of their sentences remaining to be served after the effective date.

Petitioners initiated post-conviction review proceedings claiming that they were entitled to good-time reductions calculated in accord with section 1253(3) from the commencement date of their sentences. They alleged that the method used by the Maine Department of Corrections to calculate their good-time credits pursuant to section 1253(3) violated their rights to equal protection of the laws under both the United States and Maine Constitutions. [3] The Superior Court declined to address the merits of petitioners’ contentions and held that the last sentence of section 1253(3) (making the section applicable to the portion of sentences remaining to be served after the effective date) was an unconstitutional legislative encroachment on the executive’s commutation power. The Superior Court held that section 1253(3-A) remained in effect for all persons sentenced before October 1, 1983.

I.

Our analysis begins with the basic principle of statutory construction that this Court is bound to avoid an unconstitutional interpretation of a statute if a reasonable interpretation of the statute would satisfy constitutional requirements. See State v. Crocker, 435 A.2d 58, 63 (Me.1981); State v. Davenport, 326 A.2d 1, 5-6 (Me.1974); Portland Pipe Line Corp. v. Environmental Improvement Comm’n, 307 A.2d 1, 15 (Me.1973). The petitioners assert that the last sentence of section 1253(3) reasonably could be interpreted to be a mere exercise of the legislature’s traditional power to compute the length of sentences prospectively rather than a commutation of sentences already imposed. The petitioners take an overly technical approach to statutory construction.

As a practical matter, good-time credits have the undeniable effect of reducing the length of sentences. See Weaver v. Graham, 450 U.S. 24, 31-32, 101 S.Ct. 960, 965-966, 67 L.Ed.2d 17 (1981). Thus, good-time credits are an integral part of the sentence, and changing the calculation of good-time changes the effective length of a sentence. [4] See id at 32, 101 S.Ct. at 966; State v. Blanchard, 156 Me. 30, 50-51, 159 A.2d 304, 315 (1960). Because good-time credits affect the lengths of sentences and because the legislature purported to increase the amount of good-time credits available for prisoners already in the custo[*480] dy of the Department of Corrections at the effective date of the statute, section 1253(3) shortened (commuted) the lengths of existing sentences and did not merely change the computation of sentences to be imposed.

Article V, part 1, section 11 of the Maine Constitution grants the Governor the power to commute sentences. The legislature has no explicit constitutional authority in this area. Although the petitioners recognize that article III, section 2 of the Maine Constitution provides for a strict separation of powers between the three branches of government, the petitioners contend that even if section 1253(3) constitutes a legislative commutation of sentences, the separation of powers provisions of the Maine Constitution do not preclude the legislature from acting in this area.

In State v. Hunter, 447 A.2d 797, 803 (Me.1982), a case declaring unconstitutional a statute providing for judicial resen-tencing, we said “that the power to reduce an offender’s sentence on the basis of his post-conviction behavior ... is encompassed within the executive’s commutation power.” Furthermore, the Hunter Court explained that because article III, section 2 explicitly requires that no one person exercise the powers of more than one of the three branches of government, separation of powers issues must be dealt with in a formal rather than functional manner. The resulting test under the Maine Constitution is a narrow one: “has the power in issue been explicitly granted to one branch of state government, and to no other branch? If so, article III, section 2 forbids another branch to exercise that power.” State v. Hunter, 447 A.2d at 800. The statute before us violates the constitutional prohibition.

Petitioners seek to distinguish State v. Hunter on the ground that the judiciary’s power to commute sentences was there involved, while this case concerns the legislature’s power to commute sentences. Because of the legislature’s traditional authority to establish the length of sentences for offenses committed in the future and because legislative power is defined by limitation and not by grant, the petitioners contend that the constitutional grant of the power to commute to the executive does not eliminate the legislature’s residual amnesty power. Petitioners argue that because of the absence of an explicit restriction on the legislature’s general amnesty power, such power may be exercised by the legislature as long as its exercise does not interfere with the executive’s commutation power. See Baston v. Robbins, 153 Me. 128, 129, 135 A.2d 279, 281 (1957) (art. V, pt. 1, § 11 prevents the legislature from controlling, regulating, or interfering with Governor’s pardoning powers).

Even if the legislature does have a general amnesty power, something we do not decide, the legislature’s power could not extend to the commutation of sentences, an area explicitly and exclusively granted to the executive. See Me. Const, art. V, pt. 1, § 11; State v. Hunter, 447 A.2d at 800, 803. The very fact of a branch other than the executive branch acting to commute sentences is an interference with the executive’s explicit and exclusive grant of the commutation power. See Me. Const, art. Ill, § 2.

II.

The petitioners next argue that section 1253(3) does not interfere with the Governor’s exclusive power to commute sentences because the Governor’s signature on the legislation constituted a general commutation rather than the ultimate step in the legislative process. The legislative history of section 1253(3) reveals, however, that the legislature never intended the statute to be an alternative method of applying to the Governor for a reduction in sentence. Nor is there any evidence that the Governor intended that his signature would be a blanket exercise of his commutation power, rather than an exercise of his duty under article IV, part 3, section 2 either to sign into law or to veto legislation presented to him from both houses of the legislature. A[*481] statutory enactment does not lose its status as an act of the legislature merely because the Governor signs the bill into law.

III.

Finally, the petitioners assert that the state is estopped from challenging the constitutionality of section 1253(3). Their contention is without merit. The law of Maine is in accord with the general rule that when the legislature acts in its governmental or sovereign capacity, the doctrine of estoppel does not apply. John Donnelly & Sons v. Mailer, 453 F.Supp. 1272 (D.Me.), rev’d on other grounds 639 F.2d 6, aff'd 453 U.S. 916, 101 S.Ct. 3151, 69 L.Ed.2d 999 (1981).

The entry must be:

Judgment affirmed.

All concurring.

1

. 17-A M.R.S.A. § 1253(3-A) (as last amended by P.L.1977, ch. 510, § 81) provides:

Each person sentenced, on or after January 1, 1978, to imprisonment for more than 6 months shall earn a reduction of 10 days from his sentence for each month during which he has faithfully observed all the rules and requirements of the institution in which he has been imprisoned. Each month the supervising officer of each institution shall cause to be posted a list of all such persons who have earned reductions from their sentences during the previous month. If any such person does not earn all of his reduction from his sentence in any month, a notation of such action shall be entered on a cumulative record of such actions in the person’s permanent file.
2

. 17-A M.R.S.A. § 1253(3) (Supp.1983-1984) (as amended by P.L.1983, ch. 456) provides:

Beginning October 1, 1983, each person sentenced, to imprisonment for more than 6 months shall be entitled to receive a deduction of 10 days per month calculated from the first day of his delivery into the custody of the department, to include the full length of the unsuspended portion of his sentence, for observing all the rules of the department and institution, except this provision shall not apply to the suspended portion of a person’s sentence pursuant to split sentences under section 1203. All persons committed to the custody of the Department of Corrections pri- or to the effective date of this subsection shall have these provisions applied prospectively to the portion of their sentences remaining to be served.
3

. The Department of Corrections interprets the phrase "the portion of their sentence remaining to be served” to mean the portion of their sentence remaining to be served after deducting tentative good-time credits assigned under pre-October 1, 1983 law.

4

. 17-A M.R.S.A. § 1254(1) (1983) provides:

An imprisoned person shall be unconditionally released and discharged upon the expiration of his sentence, minus the deductions authorized under section 1253.