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State v. Ouellette

Maine Supreme Judicial Court

37 A.3d 921 (2011)

Relevant factsFree

After being warned by Nadeau that he would be found and hurt, Kenny Ouellette (defendant) dropped off a young passenger and later encountered Nadeau's vehicle, which followed him closely until both stopped at a red light; when Nadeau and a passenger approached his car, Ouellette, feeling threatened, got out swinging a baseball bat, hitting Nadeau's wrist and his truck's taillight before driving off and later reporting the incident as self-defense. Charged with assault, reckless conduct, and criminal mischief (the last dismissed due to an out-of-court settlement with Nadeau), Ouellette requested self-defense and accord-and-satisfaction jury instructions, both denied; the jury acquitted him of assault but convicted him of reckless conduct.

IssueFree

Whether, in Maine, a criminal defendant may seek a self-defense jury instruction for any charge that includes an intentional, knowing, or reckless state of mind as one of its elements.

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