State of Maine v. Louis

CourtSuperior Court of Maine
DecidedMarch 7, 2011
DocketKENcr-10-25
StatusUnpublished

This text of State of Maine v. Louis (State of Maine v. Louis) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Maine v. Louis, (Me. Super. Ct. 2011).

Opinion

STATE OF MAINE SUPERIOR COURT KENNEBEC, SS. CRIMINAL ACTION Docket No. CR-10-25 D.:.. ~,A' , . \"'~ Iv \. i:-:T. J'j -.­ .• ') /, STATE OF MAINE .' '~,Oll ,

v. ORDER DENYING MOTION FOR SPEEDY TRIAL AND/OR NIXON A. LOUIS, MOTION TO DISMISS WITH PREJUDICE Defendant

Defendant filed this pending motion with the court on February 25, 2011.

Argument was presented to the court by counsel for the defendant and the assistant

district attorney on March 7, 2011. On March 4, 2011, the attorney for the State filed a

dismissal of the pending indicbnent against the defendant pursuant to Rule 48(a) of the

Maine Rules of Criminal Procedure.

Defendant argues that, despite the State's filing of its motion to dismiss, that the

defendant's motion for dismissal with prejudice should still be granted. Defendant

contends that the delay, which has already occurred in this case, as well as the

subsequent delay, which would likely occur if the defendant were to be re-indicted,

creates sufficient prejudice warranting a dismissal of this pending matter with prejudice.

Although the State filed its dismissal pursuant to M.R. Crim. P. 48(a) after the

filing of the defendant's motion to dismiss, the court is not persuaded that the State's

dismissal becomes ineffective. Rule 48(a) provides broad authority to the attorney for

the State to file a written dismissal of an indicbnent with no limits to the timing of such

a filing if the trial has not already commenced. It is not disputed that the trial has not

commenced in the pending matter, and thus no issue of jeopardy has been presented.

Thus, despite the prior filing (by seven days) of the defendant's motion to dismiss with

prejudice, the language of Rule 48(a), as well as the case law addressing this same rule as set forth in State v. Dumont, 552 A.2d 1 (Me. 1988), suggest that the prosecution

regarding the case for which a dismissal has been filed pursuant to Rule 48(a) shall

terminate upon the filing of such a dismissal.

The court will note that the defendant is not precluded from filing a motion to

dismiss any future prosecution should the State seek to pursue such. The court does

not, in any way, address the merits of the defendant's motion based upon alleged

undue delay or prejudice to him.

Accordingly, the defendant's motion for a speedy trial is deemed moot based

upon the filing of the dismissal by the State, and the defendant's motion to dismiss with

prejudice is hereby denied.

DATED:

2 STATE OF MAINE SUPERIOR COURT vs KENNEBEC, ss. NIXON A LOUIS Docket No AUGSC-CR-2010-00025 119 CENTER STREET MANCHESTER CT 06040 DOCKET RECORD

DOB: 03/28/1970 Attorney: WILLIAM BAGHDOYAN State's Attorney: EVERT FOWLE WILLIAM BAGHDOYAN, ATTORNEY AT LAW 72 WINTHROP STREET SUITE 2 AUGUSTA ME 04330 APPOINTED 01/03/2011

Charge(s)

1 UNLAWFUL TRAFFICKING IN SCHEDULED DRUGS 01/07/2010 WATERVILLE Seq 8541 17-A 1103 (l-A) (A) Class B CLOUTIER / WAT

2 UNLAWFUL POSSESSION OF SCHEDULED DRUG 01/07/2010 WATERVILLE Seq 8571 17-A 1107-A(1) (C) Class D Charged with COMPLAINT on Suppleme

3 CRIMINAL FORFEITURE OF PROPERTY 01/07/2010 WATERVILLE Seq 7049 15 5826 Class U

Docket Events:

01/14/2010 FILING DOCUMENT - NON CASH BAIL BOND FILED ON 01/07/2010

01/14/2010 BAIL BOND - $20,000.00 UNSECURED BAIL BOND FILED ON 01/12/2010

Bail Amt: $20,000 Date Bailed: 01/07/2010 01/21/2010 Charge(s): 1 HEARING - INITIAL APPEARANCE SCHEDULED FOR 03/23/2010 @ 8:30

NOTICE TO PARTIES/COUNSEL 01/21/2010 Charge(s): 1,2 SUPPLEMENTAL FILING - COMPLAINT FILED ON 01/21/2010

02/22/2010 Party(s): NIXON A LOUIS ATTORNEY - RETAINED ENTERED ON 02/22/2010

Attorney: JOHN ALSOP 02/22/2010 Charge(s): 1 HEARING - INITIAL APPEARANCE NOTICE SENT ON 02/22/2010

03/23/2010 Charge(s): 1 HEARING - INITIAL APPEARANCE HELD ON 03/23/2010 JOHN NIVISON, JUSTICE DA: BRAD GRANT 03/23/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE SCHEDULED FOR 05/11/2010 @ 10:00 Page 1 of 7 Printed on: 03/07/2011 NIXON A LOUIS AUGSC-CR-2010-00025 DOCKET RECORD

03/23/2010 Charge(s): 1,2 PLEA - NO ANSWER ENTERED BY DEFENDANT ON 03/23/2010

03/23/2010 BAIL BOND - UNSECURED BAIL BOND CONTINUED AS POSTED ON 03/23/2010

Date Bailed: 01/07/2010 05/11/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE HELD ON 05/11/2010 NANCY MILLS , JUSTICE Defendant Present in Court 05/11/2010 Charge(s): 1,2 HEARING - STATUS CONFERENCE SCHEDULED FOR 07/13/2010 @ 10:00

05/11/2010 Charge (s) : 1,2 HEARING - STATUS CONFERENCE NOTICE SENT ON 05/11/2010

OS/26/2010 Charge (s) : 1,2,3 HEARING - ARRAI GNMENT SCHEDULED FOR 06/29/2010 @ 8:30

OS/26/2010 Charge (s) : 1,2 HEARING - STATUS CONFERENCE NOT HELD ON OS/26/2010

OS/26/2010 Charge(s): 1,2,3 HEARING - ARRAIGNMENT NOTICE SENT ON OS/26/2010

06/02/2010 MOTION - MOTION TO REVOKE BAIL FILED BY STATE ON 06/02/2010

REQUEST FOR A WARRANT 06/09/2010 HEARING - MOTION TO REVOKE BAIL HELD ON 06/09/2010 JOHN NIVISON, JUSTICE Defendant Present in Court

TAPE 354, INDEX 2100 CONTINUED TO 6/14/2010 06/09/2010 BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 06/09/2010 JOHN NIVISON, JUSTICE 06/09/2010 HEARING - MOTION TO REVOKE BAIL SCHEDULE OTHER COURT ON 06/14/2010 @ 8:30

SKOSC 06/10/2010 HEARING - MOTION TO REVOKE BAIL NOTICE SENT ON 06/10/2010

PARTIES OF RECORD 06/10/2010 Charge(s): 1,2,3 HEARING - ARRAIGNMENT NOT HELD ON 06/09/2010

DEF WAS ARRAIGNED IN SKOSC THIS DATE 06/10/2010 Charge(s): 1,2,3 HEARING - ARRAIGNMENT HELD ON 06/09/2010 JOHN NIVISON, JUSTICE Defendant Present in Court

READING WAIVED. DEFENDANT INFORMED OF CHARGES. COpy OF INDICTMENT/INFORMATION GIVEN TO Page 2 of 7 Printed on: 03/07/2011 NIXON A LOUIS AUGSC-CR-2010-00025 DOCKET RECORD DEFENDANT. 21 DAYS TO FILE MOTIONS HELD AT SKOSC ON ER, TAPE 354, INDEX 2100 06/10/2010 Charge(s): 1,2,3 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 06/09/2010

06/11/2010 MOTION - MOTION TO REVOKE BAIL FILED BY STATE ON 06/11/2010

06/21/2010 HEARING - OTHER HEARING SCHEDULED FOR 06/24/2010 @ 8:15

NOTICE TO PARTIES/COUNSEL INITIAL APPEARANCE ON MOTION TO REVOKE BAIL 06/21/2010 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 06/21/2010

CERTIFIED COPY TO SHERIFF DEPT. 06/24/2010 HEARING - OTHER HEARING HELD ON 06/24/2010 NANCY MILLS , JUSTICE Attorney: JOHN ALSOP DA: JAMES MITCHELL 06/24/2010 HEARING - OTHER HEARING CONTINUED ON 06/24/2010 NANCY MILLS , JUSTICE TO BE CONTINUED 6/25/10 06/24/2010 HEARING - OTHER HEARING SCHEDULED FOR 06/25/2010 @ 8:00 NANCY MILLS , JUSTICE CONTINUATION OF HEARING ON MOTION TO REVOKE BAIL 06/25/2010 HEARING - OTHER HEARING HELD ON 06/25/2010 NANCY MILLS , JUSTICE Attorney: JOHN ALSOP DA: JAMES MITCHELL Defendant Present in Court

TAPE#1324, INDEX#1072-1272 06/25/2010 BAIL BOND - $2,500.00 CASH BAIL BOND SET BY COURT ON 06/25/2010 NANCY MILLS, JUSTICE CONCURRENT WITH SOMERSET CASE CR-10-182 NO USE OR POSSESSION OF INTOXICANT AND RANDOM SEARCH AND TEST FOR INTOXICANTS. NO CONTACT IWTH TESLA GORDON, LINDSAY PHILBRICK, JAMES ANDERSON AND JAMES GORDON. CURFEW 8PM TO 7AM AND TO RESIDE AT 16 PARK ST WATERVILLE MAINE AND HE MUST PROVIDE THE COURT OF HIS GIRLFRIEND FULL NAME AND APARTMENT # BEFORED BEIG BAILED. 06/29/2010 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 06/29/2010

Attorney: JOHN ALSOP 06/29/2010 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 06/29/2010

Attorney: JOHN ALSOP 07/01/2010 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 09/08/2010 @ 8:45

NOTICE TO PARTIES/COUNSEL 07/01/2010 HEARING - MOTION FOR DISCOVERY SCHEDULED FOR 09/08/2010 @ 8:45

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Related

State v. Dumont
552 A.2d 1 (Supreme Judicial Court of Maine, 1988)

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State of Maine v. Louis, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-maine-v-louis-mesuperct-2011.