Legal Opinion
State v. Libby
Supreme Judicial Court of Maine
Decided February 5, 1980PublishedCited by 14 opinions
1Opinion of the Court
GLASSMAN, Justice.
Following a consolidated jury trial in the Superior Court, Aroostook County, each defendant was convicted of one count of arson in violation of 17-A M.R.S.A. § 802(1)(A) and one count of criminal mischief in violation of 17-A M.R.S.A. § 806(1)(A). Both defendants appealed, contending that the attorney for the State improperly commented on their failure to testify. We set aside the judgments.
During his final argument to the jury, the attorney for the State made the following statement:
Now, the State does have the burden of proof, and we have proved that .Harley Libby’s gun…
2Cases cited5 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- State v. CollinsSupreme Judicial Court of Maine · 1972
- State v. WhiteSupreme Judicial Court of Maine · 1972
- State v. TibbettsSupreme Judicial Court of Maine · 1973
3Cited by14 opinions
- State of Maine v. John A. FahnleySupreme Judicial Court of Maine · 2015
- State v. LibbySupreme Judicial Court of Maine · 1981
- State v. McEachernSupreme Judicial Court of Maine · 1981
- Irish v. GimbelSupreme Judicial Court of Maine · 2000
- State v. TurnerSupreme Judicial Court of Maine · 1981
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