Supreme Judicial Court of Maine, 1985

State v. Fisk

Supreme Judicial Court of Maine · Decided February 26, 1985 · McKusick, Nichols, Roberts, Scolnik, Violette, Wathen

488 A.2d 156; 1985 Me. LEXIS 635 (Atlantic Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Mitchell (Me. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MEMORANDUM OF DECISION.

Defendant Robert F. Fisk, Jr., appeals from a civil judgment of the District Court (Portland) finding a violation of 29 M.R. S.A. § 1312-C(2)(B) (Supp.1984-1985) (operating under the influence). In State v. Freeman, 487 A.2d 1175 (Me. 1985), we declared the civil OUI law to be unconstitutional.

The entry is:

Judgment vacated.

Remanded to the Superior Court for entry of judgment as follows:

“Judgment of the District Court vacated; remanded to the District Court with directions to enter an order dismissing the civil proceeding under 29 M.R.S.A. § 1312-C.”

All concurring.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.