• State v. Nelson

  Supreme Judicial Court of Maine · 2010-05-11 · cited 18×

  In State v. Nelson, Gerald Nelson was convicted after a jury trial of two counts of theft by deception arising from his logging business operations between 2000 and 2003, specifically for deceiving landowners about compensation for timber and misrepresenting wood sources to Sappi Fine Paper to obtain higher payments. The Superior Court imposed consecutive prison sentences and later ordered restitution totaling over $94,000 to ten landowners. On appeal, the Maine Supreme Judicial Court affirmed the conviction on Count I, vacated the conviction on Count II because the trial court's unobjected-to jury instruction recited an incorrect statutory minimum value for the theft, and remanded for resentencing on both counts because the sentences were intertwined. The court upheld the restitution order, concluding that it would not cause Nelson excessive financial hardship based on his business experience and lack of disability.

  criminal lawprocedure

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• State v. Hall

  Supreme Judicial Court of Maine · 2008-11-25 · cited 1×

  The case involved Donna Hall appealing an adjudication for the traffic infraction of evading Maine vehicle registration fees and excise taxes under 29-A M.R.S. § 514 after being stopped while driving a vehicle with Louisiana plates. The District Court found her to be a Maine resident required to register the vehicle in Maine, relying in part on a statutory presumption of residency triggered by her child's enrollment in a Maine public school. On appeal, the Maine Supreme Judicial Court affirmed the judgment, concluding that the presumption was properly applied based on the timing of the enrollment and that sufficient evidence supported the finding of domicile through Hall's two-year residence, home purchase, and limited time outside the state.

  criminal lawtaxesprocedure

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