Legal Opinion

State v. Gilman

Supreme Judicial Court of Maine

Decided April 13, 2010No. Docket: Fra-08-706PublishedCited by 18 opinions

1Opinion of the CourtMead, J.

[¶ 1] The State of Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to correct the sentence that the court imposed on Gerald W. Gilman following his conviction at a bench trial for operating after habitual offender revocation (Class C), 29-A M.R.S. § 2557-A(2)(D)(2)(2008). 1 See M.R.Crim. P. 35(a). The State contends that the court imposed an illegal sentence when it sentenced Gilman to less than the minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the statute as applied to Gilman…

2Cases cited31 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Harmelin v. MichiganSupreme Court of the United States · 1991
  3. Atkins v. VirginiaSupreme Court of the United States · 2002
  4. Roper v. SimmonsSupreme Court of the United States · 2005
  5. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009

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3Cited by18 opinions

  1. State v. WardSupreme Judicial Court of Maine · 2011
  2. State v. JasperCourt of Appeals of Washington · 2010
  3. State v. JasperCourt of Appeals of Washington · 2010
  4. Jason E. Bouchard v. Department of Public SafetySupreme Judicial Court of Maine · 2015
  5. State of Maine v. John V.C. LopezSupreme Judicial Court of Maine · 2018

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