Legal Opinion

State of Maine v. James A. Philbrook

Supreme Judicial Court of Maine

Decided October 24, 2013No. Docket Aro-12-586PublishedCited by 5 opinions

1Opinion of the CourtMead, J.

[¶ 1] James A. Philbrook appeals from a judgment of conviction entered by the trial court (Hunter, J.) on a jury verdict convicting him of theft by misapplication of property (Class B), 17-A M.R.S. § 358(1)(B)(1) (2012), and securities fraud (Class C), 32 M.R.S. §§ 16501, 16508 (2012). Philbrook contends that the court’s jury instructions shifted the burden of proof onto him to prove his innocence. We affirm the judgment.

I. BACKGROUND

[¶ 2] Viewed in the light most favorable to the jury’s verdict, the record supports the following facts. See State v. Patton, 2012 ME 101, ¶ 2, 50 A.3d 544.…

2Cases cited4 opinions

  1. State v. PattonSupreme Judicial Court of Maine · 2012
  2. State v. McNallySupreme Judicial Court of Maine · 2007
  3. State v. PerrySupreme Judicial Court of Maine · 1985
  4. State v. BurnsSupreme Judicial Court of Maine · 2011

3Cited by5 opinions

  1. Philbrook v. StateSupreme Judicial Court of Maine · 2017
  2. State of Maine v. Jonathan M. CareySupreme Judicial Court of Maine · 2013
  3. James A. Philbrook v. State of MaineSupreme Judicial Court of Maine · 2017
  4. Philbrook v. StateSupreme Judicial Court of Maine · 2017
  5. Philbrook v. StateSupreme Judicial Court of Maine · 2017

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