STATE v. AUCLAIR

Docket: Pen-08-550.

974 A.2d 912 (2009)

2009 ME 58

STATE of Maine v. John AUCLAIR.

Supreme Judicial Court of Maine.

Decided: June 9, 2009.


Attorney(s) appearing for the Case

Mandi Odier-Fink, Esq. (orally), Bangor, ME, for John Auclair.

R. Christopher Almy, Dist. Atty., Susan J. Pope, Asst. Dist. Atty. (orally), Bangor, ME, for the State of Maine.

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


MEAD, J.

[¶ 1] John Auclair appeals from a judgment of conviction of gross sexual assault (Class B), 17-A M.R.S. § 253(2)(D) (2008), entered in Superior Court (Penobscot County, Murphy, J.) upon a jury verdict finding him guilty. He argues that the court abused its discretion in excluding statements made by Sherry DePhilippo prior to her death. Sherry, a friend of the victim, had socialized with Auclair and the victim on the night of the assault and...

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