State of Maine v. Bickham

• Court: Superior Court of Maine
• Decided: November 23, 2010
• Docket: CUMcr-10-3870
• Status: Unpublished

Opinion

ID J- JI

STATE OF MAINE UNIFIED CRIMINAL DOCKET CUMBERLAND, SS. DOCKET NO. CUMCD-CR-10-3870 . I,, ! '

STATE OF MAINE

vs. ORDER

MARLOW BICKHAM

After oral argument on November 23, 2010, defendant's motion to dismiss count 2 of the indictment on double jeopardy grounds is denied. State v. Labbe, 2009 ME 94, ,r 6 ("two charges that are considered the same offense for purposes of double jeopardy may be prosecuted in the same proceedi.ng, but not in successive, temporally separate proceedings. Johnson, 467 U.S. at 500-01 (citing Brown v. Ohio, 432 U.S. 161 (1977)); United States v. Henry, 519 F.3d 68, 73 (1st Cir. 2008) (citing United States v. Dixon, 509 U.S. 688 (1993)."). The court will await a response no later than November 30, 2010 from the state before ruling on defendant's motion to dismiss count I of the indictment.

Dated:

Judge, Unified Criminal Docket ., STATE OF MAINE vs MA1<.LOW BICKHAM Docket No CUMCD-CR-2010-03870 COLEMAN STREET ~~w LONDON CT 06320 DOCKET RECORD

DOB: 03/22/1978 Attorney: JOHN DEGRINNEY State's Attorney: LEA-ANNE SUTTON DEGRINNEY LAW OFFICES 1266 CONGRESS STREET PORTLAND ME 04102 APPOINTED 08/11/2010

Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 06/11/2010

Charge(s)

1 AGGRAVATED TRAFFICKING OF SCHEDULED DRUGS 04/15/2010 PORTLAND Seq 8555 17-A 1105-A(l) (B) (1) Class A

2 UNLAWFUL TRAFFICKING IN SCHEDULED DRUGS 04/15/2010 PORTLAND Seq 8541 17-A 1103 (1-A) (A) Class B

Docket Events:

11/2010 FILING DOCUMENT - INDICTMENT FILED ON 06/11/2010

06/11/2010 BAIL BOND - $25,000.00 CASH BAIL BOND SET BY COURT ON 06/11/2010 THOMAS D WARREN, JUSTICE OR $50,000SS WITH CONDITIONS 06/11/2010 Charge(s): 1,2 WARRANT - ON COMP/INDICTMENT REQUESTED ON 06/11/2010

06/11/2010 Charge (s): 1, 2 WARRANT - ON COMP/INDICTMENT ORDERED ON 06/11/2010 THOMAS D WARREN, JUSTICE 06/11/2010 Charge (s) : 1, 2 WARRANT - ON COMP/INDICTMENT ISSUED ON 06/11/2010 JAMES TURCOTTE, ASSISTANT CLERK CERTIFIED COPY TO WARRANT REPOSITORY O8 / 13 / 2 0 10 Charge (s) : 1 , 2 WARRANT - ON COMP/INDICTMENT EXECUTED ON 08/11/2010

08/13/2010 Charge(s): 1,2 HEARING - ARRAIGNMENT HELD ON 08/11/2010@ 1:00 in Room No . 1 ROLAND A COLE, JUSTICE DA: MATTHEW TICE DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS TAPE 2086 08/13/2010 Charge (s) : 1, 2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 08/11/2010

o" /13/2010 Charge (s) : 1, 2 Page 1 of 3 Printed on: 12/07/2010 MARLOW BICKHAM CUMCD-CR-2010-03870 DOCKET RECORD HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 11/10/2010@ 8:30 in Room No. 7

08/13/2010 Charge (s): 1, 2 TRIAL - JURY TRIAL SCHEDULED FOR 12/13/2010@ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 08/13/2010 BAIL BOND - $10,000.00 CASH BAIL BOND SET BY COURT ON 08/11/2010@ 1:00 in Room No. 1 ROLAND A COLE, JUSTICE $20,000 S/S OR $10,000 CASH W/CONDS 08/16/2010 Charge(s): 1,2 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 08/11/2010

08/16/2010 Charge(s): 1,2 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 08/11/2010 ROLAND A COLE, JUSTICE Attorney: JOHN DEGRINNEY COPY TO PARTIES/COUNSEL 08/16/2010 Party(s): MARLOW BICKHAM ATTORNEY - APPOINTED ORDERED ON 08/11/2010

Attorney: JOHN DEGRINNEY 08/23/2010 Charge (s): 1, 2 WARRANT - ON COMP/INDICTMENT RETURNED ON 08/12/2010

09/23/2010 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 09/23/2010

23/2010 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 09/27/2010@ 8:30 in Room No. 1

NOTICE TO PARTIES/COUNSEL 09/23/2010 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 09/23/2010

09/27/2010 HEARING - MOTION TO AMEND BAIL NOT HELD ON 09/27/2010

09/27/2010 MOTION - MOTION TO AMEND BAIL WITHDRAWN ON 09/27/2010

Attorney: JOHN DEGRINNEY 10/22/2010 Charge(s): 1,2 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 10/22/2010

11/02/2010 MOTION - MOTION FOR FURTHER DISCOVERY FILED BY DEFENDANT ON 10/29/2010

11/02/2010 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 10/29/2010

COUNT 1 11/02/2010 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 10/29/2010

CT 2 OF THE INDICTMENT 11 / 1 7 / 2 o1 O Charge ( s) : 1 , 2 HEARING - DISPOSITIONAL CONFERENCE HELD ON 11/10/2010 JOYCE A WHEELER, JUSTICE MOTION HEARING SET FOR 11-23-2010@ 1:00 'I. 7 / 2 o1 o Charge (s) : 1 , 2 HEARING - MOTION TO.DISMISS SCHEDULED FOR l~/23/2010@ 1:00 in Rao~ No. 8 Page 2 of 3 Printed on: 12/07/2010 MARLOW BICKHAM CUMCD-CR-2010-03870 DOCKET RECORD

NOTICE TO PARTIES/COUNSEL 11/24/2010 Charge(s): 1,2 HEARING - MOTION TO DISMISS HELD ON 11/23/2010 ROLAND BEAUDOIN, JUDGE Attorney: JOHN DEGRINNEY DA: MEGIN ELAM TAPE 2351 11/24/2010 ORDER - COURT ORDER FILED ON 11/23/2010 ROLAND BEAUDOIN, JUDGE MOTION TO DISMISS CT 2 OF THE INDICTMENT ON DOUBLE JEOPARDY GROUNDS IS DENIED. ORDER CONT ..... SEE ORDER THE COURT WILL AWAIT A RESPONSE NO LATER THAN NOV 30, 2010 FROM THE STATE BEFORE RULING ON DEFENDANT'S MOTION TO DISMISS CT 1 OF THE INDICTMENT 11/24/2010 MOTION - MOTION TO DISMISS DENIED ON 11/23/2010 ROLAND BEAUDOIN, JUDGE COPY TO PARTIES/COUNSEL 11/29/2010 HEARING - RULE 11 HEARING SCHEDULED FOR 12/06/2010@ 8:30 in Room No. 1

NOTICE TO PARTIES/COUNSEL PER ATTY REQUEST 11/29/2010 HEARING - RULE 11 HEARING NOTICE SENT ON 11/29/2010

11/29/2010 HEARING - RULE 11 HEARING NOT HELD ON 11/29/2010 TRICIA KELLEY, ASSISTANT CLERK-E EVENT TAKEN OUT IN ERROR; RESET FOR SAME DATE, TIME, AND COURTROOM "· 1 29/2010 Charge (s): 1, 2

TRIAL - JURY TRIAL NOT HELD ON 11/29/2010

11/29/2010 Charge (s): 1 FINDING - DIS BY DA/AG-PLED OTHER CHARGE ENTERED ON 11/29/2010

DA: LEA-ANNE SUTTON BASED ON REVIEW OF CASE LAW; STATE WILL PROCEED ON CT 2 OF INDICTMENT OR WILL SUPERSEDE BY PRESENTATION TO DEC 2010 GRAND JURY 11/29/2010 HEARING - RULE 11 HEARING SCHEDULED FOR 12/06/2010@ 8:30 in Room No. 1

NOTICE TO PARTIES/COUNSEL PER ATTY REQUEST 12/01/2010 HEARING - RULE 11 HEARING NOT HELD ON 12/01/2010

12/06/2010 Charge(s): 2 TRIAL - JURY TRIAL SCHEDULED FOR 12/13/2010@ 8:30 in Room No. 11

NOTICE TO PARTIES/COUNSEL 12/06/2010 Charge (s): 2 TRIAL - JURY TRIAL NOTICE SENT ON 12/06/2010 JUSTIN WESLEY, ASSISTANT CLERK-E

A TRUE COPY ATTEST: Clerk ) Page 3 of 3 Printed on: 12/07/2010