Legal Opinion

State v. Eaton

Supreme Judicial Court of Maine

Decided July 15, 1983PublishedCited by 6 opinions

1Opinion of the Court

McKUSICK, Chief Justice.

We must here decide whether the dismissal of a complaint by the District Court because of the State’s failure to proceed in timely fashion with a bind-over hearing bars subsequent prosecution on an indictment charging substantially the same offense. We answer in the negative.

On August 6, 1982, the York County grand jury returned a multicount indictment against Eaton, charging him with, among other offenses, Class C theft, 17 — A M.R.S.A. § 353 (1983). Substantially this same Class C charge had been made against him in District Court (Sanford) by a complaint filed on…

2Cases cited21 opinions

  1. People v. UhlemannCalifornia Supreme Court · 1973
  2. Richmond v. StateWyoming Supreme Court · 1976
  3. State v. CradleSupreme Court of North Carolina · 1972
  4. Jones v. StateCourt of Criminal Appeals of Oklahoma · 1971
  5. Morse v. United StatesSupreme Court of the United States · 1925

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3Cited by6 opinions

  1. Dennis F. Winchester v. State of MaineSupreme Judicial Court of Maine · 2023
  2. People v. NolineSupreme Court of Colorado · 1996
  3. State v. ThwingSupreme Judicial Court of Maine · 1985
  4. People v. NolineColorado Court of Appeals · 1994
  5. People v. NolineSupreme Court of Colorado · 1996

1 more not listed; retrieve them via the Exa API.

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