Legal Opinion
State v. McNally
Supreme Judicial Court of Maine
Decided May 24, 2007PublishedCited by 7 opinions
1Opinion of the CourtLevy, J.
[¶ 1] Gary P. McNally appeals from a judgment of conviction for unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2006) following a jury trial in the Superior Court (Aroostook County, Hunter, J.). McNally contends that the court committed obvious error by using a jury verdict form that can be interpreted as shifting the burden of proof to him and depriving him of the presumption of innocence. We agree and vacate the judgment.
I. BACKGROUND
[¶ 2] McNally was charged by indictment in March 2004 with two counts of unlawful sexual contact. 17-A M.R.S. § 255-A(l)(E), (F) (2006). The…
2Cases cited11 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- State v. LockhartSupreme Judicial Court of Maine · 2003
- State v. SchofieldSupreme Judicial Court of Maine · 2005
- State v. BarnesSupreme Judicial Court of Maine · 2004
- State v. CoteSupreme Judicial Court of Maine · 1983
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. CheneySupreme Judicial Court of Maine · 2012
- State of Maine v. Kenneth A. FaySupreme Judicial Court of Maine · 2015
- United States v. RodríguezCourt of Appeals for the First Circuit · 2013
- State v. GauthierSupreme Judicial Court of Maine · 2007
- United States v. Pabellon-RodriguezCourt of Appeals for the First Circuit · 2013
2 more not listed; retrieve them via the Exa API.