Notes of Decisions
Cited in
47
cases (
2 in the last 5 years), 1983–2022 · leading case:
Begin v. State, 153 A.3d 93 (Me. 2016).
Begin v. State, 153 A.3d 93 (Me. 2016).
· cites it 8× “2002); 17-A M.R.S.A. § 39 (Supp. 2003). 1 Begin was placed in the custody of *95 the Commissioner of the Department of Health and Human Services and committed to the Riverview Psychiatric Center.”
State v. Gurney, 36 A.3d 893 (Me. 2012).
· cites it 4× “rt findings that evidence of a crime would be found in those locations; (2) admitting evidence of a reference to a beheading video found in unallocated space on the hard drive of Gurney’s laptop computer; (3) not addressing in its findings the journals and e-mails that Gurney…”
State of Maine v. Roxanne Jeskey, 2016 ME 134 (Me. 2016).
· cites it 3× “[¶ 19] On May 24, 2013, Roxanne entered a plea of not criminally responsible by reason of insanity, 17-A M.R.S. § 39 (2015), and waived her right to a jury trial.”
State of Maine v. Richard Griffin, 2017 ME 79 (Me. 2017).
· cites it 4× “2709 ; see also 17-A M.R.S. § 39 (2016). 2 . Pursuant to the volitional test, a defendant was not criminally responsible if, as a result of mental disease or defect, the defendant "lacked substantial capacity to conform his conduct to the requirements of the law.”
State of Maine v. Leanna M. Norris, 2016 ME 37 (Me. 2016).
· cites it 7× “[¶ 2] Norris contends that because she was suffering from major depressive disorder and other mental health problems when she caused her daughter’s death, the trial court erred by (1) finding that she did not prove, by a preponderance of the evidence, her affirmative defense…”
State of Maine v. Mark P. Murphy, 2015 ME 62 (Me. 2015).
· cites it 4× “[¶ 12] Murphy pleaded not criminally responsible by reason of insanity, see 17-A M.R.S. § 39 (2014), and a bench trial was held on October 1, 2013.”
State of Maine v. James D. Graham, 2015 ME 35 (Me. 2015).
· cites it 3× “See 17-A M.R.S. § 39 (2014). However, the defense argued that, at the time of the Park & Ride incident, Graham had suffered from an abnormal condition of mind that raised a reasonable doubt as to his intent to kidnap the child.”
Green v. Comm'r of Mental Health & Mental Retardation, 2000 ME 92 (Me. 2000).
· cites it 3× “THE BURDEN OF PROOF [¶ 11] If a defendant is determined to be not criminally responsible by reason of mental disease or defect pursuant to 17-A M.R.S.A. § 39 (Supp.1999), the person is automatically committed to the custody of the Commissioner of Mental Health.”
State v. Murphy, 496 A.2d 623 (Me. 1985).
· cites it 3× “§ 38 (1983), for the purpose of raising a doubt about a defendant’s culpable state of mind, 3 and evidence of a mental disease or defect introduced under 17-A M.R.S.A. § 39 (1983), for the purpose of showing a lack of criminal responsibility.”
State v. Herrera, 1999 UT 64 (Utah 1999).
· cites it 2× “§ 14:14 (West 1997); Me.Rev.Stat. Ann. tit. 17-A, § 39 (West Supp.”
— Me. Rev. Stat. tit. 17-A, § 39(1) — 16 cases
State v. Gurney, 36 A.3d 893 (Me. 2012).
“rt findings that evidence of a crime would be found in those locations; (2) admitting evidence of a reference to a beheading video found in unallocated space on the hard drive of Gurney’s laptop computer; (3) not addressing in its findings the journals and e-mails that Gurney…”
State of Maine v. Richard Griffin, 2017 ME 79 (Me. 2017).
“2709 ; see also 17-A M.R.S. § 39 (2016). 2 . Pursuant to the volitional test, a defendant was not criminally responsible if, as a result of mental disease or defect, the defendant "lacked substantial capacity to conform his conduct to the requirements of the law.”
— Me. Rev. Stat. tit. 17-A, § 39(2) — 13 cases
Begin v. State, 153 A.3d 93 (Me. 2016).
“2002); 17-A M.R.S.A. § 39 (Supp. 2003). 1 Begin was placed in the custody of *95 the Commissioner of the Department of Health and Human Services and committed to the Riverview Psychiatric Center.”
State v. Gurney, 36 A.3d 893 (Me. 2012).
“rt findings that evidence of a crime would be found in those locations; (2) admitting evidence of a reference to a beheading video found in unallocated space on the hard drive of Gurney’s laptop computer; (3) not addressing in its findings the journals and e-mails that Gurney…”
State of Maine v. Leanna M. Norris, 2016 ME 37 (Me. 2016).
“[¶ 2] Norris contends that because she was suffering from major depressive disorder and other mental health problems when she caused her daughter’s death, the trial court erred by (1) finding that she did not prove, by a preponderance of the evidence, her affirmative defense…”
— Me. Rev. Stat. tit. 17-A, § 39(3) — 6 cases
State of Maine v. Richard Griffin, 2017 ME 79 (Me. 2017).
“2709 ; see also 17-A M.R.S. § 39 (2016). 2 . Pursuant to the volitional test, a defendant was not criminally responsible if, as a result of mental disease or defect, the defendant "lacked substantial capacity to conform his conduct to the requirements of the law.”
State of Maine v. Leanna M. Norris, 2016 ME 37 (Me. 2016).
“[¶ 2] Norris contends that because she was suffering from major depressive disorder and other mental health problems when she caused her daughter’s death, the trial court erred by (1) finding that she did not prove, by a preponderance of the evidence, her affirmative defense…”
— Me. Rev. Stat. tit. 17-A, § 39(l) — 1 case
State of Maine v. Leanna M. Norris, 2016 ME 37 (Me. 2016).
“[¶ 2] Norris contends that because she was suffering from major depressive disorder and other mental health problems when she caused her daughter’s death, the trial court erred by (1) finding that she did not prove, by a preponderance of the evidence, her affirmative defense…”
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