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STATE v. KIRBY

878 A.2d 499 (2005)

2005 ME 92

STATE of Maine v. Bruce J. KIRBY.

Supreme Judicial Court of Maine.

Decided: August 1, 2005.

Attorney(s) appearing for the Case

Mark E. Lawrence, District Attorney, John M. Pluto, Asst. Dist. Atty., Tara K. Bates, Esq., of counsel, Alfred, William R. Stokes, Deputy Atty. Gen. (orally), Augusta, for State.

Stephen Y. Hodsdon, Esq. (orally), Hodsdon & Clifford, LLC, Kennebunk, for defendant.

Panel: SAUFLEY, C.J., and DANA, ALEXANDER, and LEVY, JJ.

SAUFLEY, C.J.

[¶ 1] Bruce J. Kirby appeals from a judgment of conviction following a nonjury trial on two charges in the District Court (Biddeford, Foster, J.) — one for assault (Class D) 17-A M.R.S.A. § 207(1)(A) (Supp.2004), and one for refusing to submit to arrest (Class D) 17-A M.R.S.A. § 751-A(1)(A) (Supp.2004). Kirby argues that: (1) the deputies' detention of him violated his Fourth Amendment rights; (2) the court erred when it...

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