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STATE v. LAVALLEE-DAVIDSON

Docket: Cum-10-194

26 A.3d 828 (2011)

2011 ME 96

STATE of Maine v. Malcolm Bruce LaVALLEE-DAVIDSON.

Supreme Judicial Court of Maine.

Decided: August 25, 2011.

Attorney(s) appearing for the Case

Verne E. Paradie, Jr., Esq. (orally), Trafton & Matzen, LLP, Auburn, ME, for Malcolm Bruce Lavallee-Davidson.

William J. Schneider , Attorney General, Donald W. Macomber , Asst. Atty. Gen. (orally), Office of Attorney General, Augusta, ME, for the State of Maine.

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

SAUFLEY, C.J.

[¶ 1] Malcolm Bruce LaVallee-Davidson killed a man by putting a gun to his head and pulling the trigger during consensual sexual activity. At trial, LaVallee-Davidson argued that he did not know that the gun was loaded. After a jury found him guilty of manslaughter (Class A), 17-A M.R.S. § 203(1)(A) (2010),1 the court entered a judgment of conviction in the Unified Criminal Docket (Cumberland County, Crowley...

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