STATE v. DOMINIQUE

Docket: Han-08-57.

960 A.2d 1160 (2008)

2008 ME 180

STATE of Maine v. John M. DOMINIQUE.

Supreme Judicial Court of Maine.

Decided: December 9, 2008.


Attorney(s) appearing for the Case

Michael Povich, District Attorney, Mary Kellett, Assistant District Attorney, (orally), Ellsworth, ME, for the State.

Wayne Foote, Esq. (orally), Law Offices of Wayne Foote, Bangor, ME, for Defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, MEAD, and GORMAN, JJ.


LEVY, J.

[¶ 1] The State appeals from an order of the Superior Court (Hancock County, Cuddy, J.) granting in part John M. Dominique's motion to suppress evidence obtained inside an intoxilyzer room at the Bar Harbor police station. The State argues that: (1) statements made to the police officer by Dominique while in the room were admissible because they were not the result of interrogation; and (2) statements made by Dominique during a cell phone conversation...

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