State v. Murphy

2017 ME 165, 168 A.3d 775
CourtSupreme Judicial Court of Maine
DecidedJuly 25, 2017
DocketDocket: Fra-16-559
StatusPublished

This text of 2017 ME 165 (State v. Murphy) is published on Counsel Stack Legal Research, covering Supreme Judicial 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 v. Murphy, 2017 ME 165, 168 A.3d 775 (Me. 2017).

Opinion

PER CURIAM

[¶'1] Carol Ann Murphy acquires animals and then is unable or unwilling to properly care for them. She has been twice convicted of cruelty to animals. She has been ordered never to possess animals again. Notwithstanding that order, when released from the four-year prison sentence imposed after her second conviction for cruelty to animals and other crimes, see State v. Murphy, 2010 ME 140, 10 A.3d 697, she returned to acquiring a variety of animals, including dogs, cats, chinchillas, rabbits, and a potbellied pig. Following a jury verdict finding her in contempt of court, see 4 M.R.S. § 114 (2016); M.R.U. Crim. P. 42; M.R. Civ. P. 66(c), the trial court (Franklin County, Stokes, J,) entered a judgment on the contempt verdict and sentenced Murphy to 364 days in jail. Murphy appeals, and, subject to a clarification of the nature of the adjudication, we affirm that judgment.

[¶ 2] The evidence supporting the finding of contempt was uncontested at trial and is more than sufficient to support the contempt finding. The testimony provided unequivocal evidence that Murphy was, again, collecting a number of animals.

[¶ 3] Although Murphy has appealed the contempt judgment, she does not contest the facts supporting the finding of contempt. Instead, as she did at trial, she presents a litany of frivolous and irrelevant challenges to the authority of all involved in her case. Primarily, she argues that (1) the trial court had no jurisdiction to hear the matter, (2) the appointments of both the trial judge and the prosecutor to their offices were defective, (3) her two prior convictions are void, and (4) the trial judge was biased against her.

[¶ 4] Contrary to her arguments, the court had jurisdiction, see State v. Pelletier, 2015 ME 129, ¶¶ 3, 5, 125 A.3d 354; the appointments of the judge and the prosecutor were not infirm, see Me. Const. art. V, pt. 1, § 8; 4 M.R.S. § 101 (2016); 30-A M.R.S. § 272 (2016); the prior convictions are valid, see Murphy, 2010 ME 140, ¶¶ 1-3, 10 A.3d 697; State v. Murphy, Mem-06-125 (July 27, 2006); see also 17 M.R.S. § 1031(3-B)(B) (2016); and the record demonstrates no bias on the part of the judge. To the contrary, the judge consistently treated Murphy with respect, in stark contrast to her disruptive and contemptuous treatment of the judge. We do not discuss those challenges further. See Murphy, 2010 ME 140, ¶ 2, 10 A.3d 697.

[¶ 5] Murphy additionally contends that the State and the court violated her constitutional rights in conducting the proceedings. The record reflects just the opposite. We briefly examine this challenge only to recognize the trial court’s patient and focused actions to protect Murphy’s constitutional rights and assure that she received a fair trial despite her uncooperative, disruptive, insolent, and disrespectful behavior during the trial.

I. BACKGROUND

A. Prior Convictions

[¶ 6] The events leading up to this case began at least as early as a 2004 case in [777]*777which Murphy was convicted of cruelty to animals. Murphy appealed, alleging Fourth Amendment violations that to this day she insists made that proceeding and each subsequent proceeding void. Murphy, Mem-06-125 (July 27, 2006). We affirmed her conviction in that case. Id. When Murphy was convicted a second time of cruelty to animals — and other crimes — the court (Murphy, J.)1 included the lifetime prohibition on owning or possessing animals in its judgment. See 17 M.R.S. § 1031(3-B)(B). We affirmed that conviction as well. Murphy, 2010 ME 140, ¶ 19, 10 A.3d 697.

B. Contempt

[¶ 7] On September 25, 2014, after receiving information from Murphy’s neighbor that she was again possessing animals, the State filed a complaint alleging that Murphy was keeping or possessing dogs or cats in violation of her lifetime prohibition against owning or possessing animals. The State’s complaint sought punitive sanctions against Murphy for contempt of court. See 4 M.R.S. § 114; M.R.U. Crim. P. 42; M.R. Civ. P. 66. On October 1, 2014, police and animal welfare personnel executed a search warrant at Murphy’s home, where they seized four dogs, five chinchillas, two rabbits, two cats, and a potbellied pig. Murphy was served with a uniform summons and complaint for contempt on the same day.

[¶8] Almost immediately, and without the assistance of counsel, Murphy began filing a plethora of court papers. Murphy’s inscrutably dense filings, all based on fanciful and jumbled legal theories, alleged a variety of structural and procedural 'defects that she insisted had divested the Superior Court of jurisdiction to hear the case, violated her constitutional rights, and voided any prior judgments. Although it is not clear whether Murphy is relying on admiralty law or the Uniform Commercial Code, none of her theories has a basis in Maine law, applicable federal law, or constitutional concepts.

[¶ 9] Nor did Murphy attempt to address her challenges to the court in a coherent fashion. Instead, the docket entries reveal that Murphy failed to appear for hearings, and yet, despite the eventual appointment of counsel to represent her, she continued to file copious documents in the trial court, including two interlocutory appeals, all of which extended the proceeding over the following two years.

C. Trial

[¶ 10] Finally, on November 16, 2016, after considerable effort to document that Murphy had notice of the trial date, the court held a jury trial. Murphy elected to represent herself after the court had appropriately warned her that representing herself could put her at a disadvantage, that she would be subject to the same rules as an attorney would be, and that she was entitled to appointed counsel. See State v. Hill, 2014 ME 16, ¶¶ 6-8, 86 A.3d 628. The court appointed standby counsel who had previously worked with Murphy to act as Murphy’s “assistant” during parts of the trial. The court even exceeded due process requirements by allowing Murphy to be seated at a table behind the bar and to be accompanied by a personal support person, Richard Suchar,2 with whom she was allowed to consult during the trial.

[778]*778[¶ 11] Murphy made an opening statement in which she accused the court of not understanding • the Constitution and contended that her 2004 conviction was “void.” Two police officers and an animal welfare agent testified for the State, and Murphy declined to cross-examine them. The 2010 judgment and commitment prohibiting her possession of animals was admitted in evidence, as were other documents. The State’s evidence, unrebutted by Murphy, demonstrated that she was, again, acquiring animals; that her house was severely cluttered; that several rooms were soaked in animal urine and feces; and that Murphy did, in fact, possess animals in defiance of the court order.

[¶ 12] After the State rested, Murphy testified on her own behalf. Murphy’s testimony echoed her opening statement, insisting that the court had no jurisdiction to decide the case against her. She also directly challenged the prosecutor’s authority, asserting that his appointment was somehow defective and therefore the pro.-ceeding was a nullity. Murphy’s court-appointed counsel then called and briefly examined each of the State’s witnesses.

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Related

State v. Murphy
2010 ME 140 (Supreme Judicial Court of Maine, 2010)
State v. St. Onge
2011 ME 73 (Supreme Judicial Court of Maine, 2011)
State of Maine v. Seth J. Hill
2014 ME 16 (Supreme Judicial Court of Maine, 2014)
State of Maine v. Daniel H. Pelletier
2015 ME 129 (Supreme Judicial Court of Maine, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
2017 ME 165, 168 A.3d 775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-murphy-me-2017.