STATE v. LIPHAM


910 A.2d 388 (2006)

2006 ME 137

STATE of Maine v. Jimmy D. LIPHAM.

Supreme Judicial Court of Maine.

Decided: November 28, 2006.


Attorney(s) appearing for the Case

G. Steven Rowe, Atty. Gen., Donald W. Macomber, Asst. Atty. Gen. (orally), Fernand LaRochelle, Asst. Atty. Gen., Augusta, for State.

Bradford S. Macdonald (orally), Macdonald & Dalton, P.A., Bangor, for defendant.

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


DANA, J.

[¶ 1] Jimmy D. Lipham appeals from a judgment of conviction for intentional or knowing murder, 17-A M.R.S. § 201(1)(A) (2005), following a jury trial in the Superior Court (Penobscot County, Mead, J.), contending that the court erred (1) in admitting into evidence a tape of a secretly recorded marital communication, and (2) in admitting the same tape over Lipham's claim of unfair prejudice pursuant to M.R. Evid. 403. We affirm the judgment...

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