STATE v. McNALLY


922 A.2d 479 (2007)

2007 ME 66

STATE of Maine v. Gary P. McNALLY.

Supreme Judicial Court of Maine.

Decided: May 24, 2007.


Attorney(s) appearing for the Case

Neale T. Adams, District Attorney, Suzanne N. Russell, Asst. Dist. Atty. (orally), Caribou, for State.

Sarah E. LeClaire, Esq. (orally), Presque Isle, for defendant.

Concurrence: SILVER, J.


LEVY, J.

[¶ 1] Gary P. McNally appeals from a judgment of conviction for unlawful sexual contact (Class C), 17-A M.R.S. § 255-A(1)(E) (2006) following a jury trial in the Superior Court (Aroostook County, Hunter, J.). McNally contends that the court committed obvious error by using a jury verdict form that can be interpreted as shifting the burden of proof to him and depriving him of the presumption of innocence. We agree and vacate the judgment....

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