State v. Ouellette
| Decision Date | 29 July 1988 |
| Citation | 544 A.2d 761 |
| Parties | STATE of Maine v. Norman OUELLETTE. |
| Court | Maine Supreme Court |
David W. Crook, Dist. Atty., Alan P. Kelley (orally), Asst. Dist. Atty., Augusta, for State.
Peter B. Bickerman (orally), Sumner H. Lipman, Lipman & Katz, P.A., Augusta, for defendant.
Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.
Norman Ouellette appeals from convictions on multiple counts of gross sexual misconduct, unlawful sexual contact, and sexual abuse of a minor (17-A M.R.S.A. §§ 253-55 (Supp.1987)) after a jury trial in the Superior Court (Kennebec County). On appeal, Ouellette contends that the presiding justice made erroneous evidentiary rulings by permitting the State to inquire into an alleged act of sexual misconduct that was not included in the indictment and by prohibiting defendant from cross-examining the victim concerning certain matters related to her juvenile offense adjudication. Defendant also contends that the presiding justice erroneously defined the term "sexual act" in his instructions to the jury. Finally, defendant argues that the presiding justice committed reversible error by allowing the jury to separate prior to reaching a verdict without obtaining his consent pursuant to M.R.Crim.P. 24(e). Because we find no error with respect to the first three arguments and are evenly divided on the remaining contention concerning the separation of the jury, we affirm the judgments.
The presentation of evidence, including the testimony of the victim concerning the various incidents that resulted in the aforementioned charges, concluded on March 31, 1987. The case was submitted to the jury at 2:30 p.m. At 5:40 p.m., the presiding justice informed both Ouellette and the State that law enforcement authorities had reported that adverse weather conditions 1 had caused a flood watch to be posted for the Kennebec River Valley and that conditions would worsen as the evening progressed. Consequently, the presiding justice proposed to inquire whether the jurors were close to a verdict in order to determine whether to send them home and have them return to continue deliberations the following morning. Ouellette objected to this proposal and indicated that, if the presiding justice felt an emergency situation existed, then the jury could be sent home and a mistrial declared. The presiding justice ultimately determined that the severe weather conditions posed a possible threat to the safety of the jurors and thus, over Ouellette's objection, he elected to send them home and have them resume deliberations in the morning. Prior to excusing the jurors for the evening, the presiding justice cautioned them not to discuss the matter with anyone, nor were they to discuss the case among themselves until they officially reconvened the next day. Neither the State nor Ouellette requested that the presiding justice sequester the jury overnight. When the jury returned to deliberate the next day, neither side asked the presiding justice to poll the members of the panel to ensure that none of them had been exposed to any influence that could affect their ability to discharge their duties. Ouellette was ultimately convicted on two counts of gross sexual misconduct, two counts of unlawful sexual contact and one count of sexual abuse of a minor; he was acquitted on one count of rape.
We first address the contentions that the presiding justice erred one, in admitting certain testimony concerning sexual episodes between Ouellette and the victim...
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Gezzi v. State
...systematically engage in nonconsensual relations with daughters; was also permitted to corroborate the victim's testimony); State v. Ouellette, 544 A.2d 761 (Me.1988) (evidence of prior conviction on sex related crime was held admissible to show the relationship between the parties); People......
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State v. Dean
...its admission is within the discretion of the trial court, and, on appeal, is reviewed for an abuse of that discretion. State v. Ouellette, 544 A.2d 761, 763 (Me.1988); see State v. DeLong, 505 A.2d 803, 805-06 (Me.1986). We discern no abuse of discretion here. Similarly, although the admis......
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State v. Mills
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