Legal Opinion · Concurrence

State v. Letalien

Supreme Judicial Court of Maine

Decided December 22, 2009No. Docket: And-08-358Published

1ConcurrenceSilver, J.

[¶ 65] I concur in the result but I conclude that the Maine Constitution provides a higher level of protection against ex post facto laws than the United States Constitution.18 I therefore believe that *27the Court’s decision should be based on the Maine Constitution, independent of the United States Constitution. I also conclude that some of the additional registration burdens promote retribution and deterrence, are excessive, and impose a stigma, and should be held unconstitutional under Maine’s ex post facto clause on these additional grounds.

I. THE MAINE CONSTITUTION

[¶ 66] The Maine…

2Cases cited15 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. Lego v. TwomeySupreme Court of the United States · 1972
  4. Collins v. YoungbloodSupreme Court of the United States · 1990
  5. Smith v. DoeSupreme Court of the United States · 2003

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