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STATE v. PABON

Docket: Cum-08-206

28 A.3d 1147 (2011)

2011 ME 100

STATE of Maine v. Luis PABON.

Supreme Judicial Court of Maine.

Decided: September 13, 2011.

Attorney(s) appearing for the Case

Benet Pols, Esq. , Brown & Pols, P.A., Brunswick, for appellant Luis Pabon, on the briefs.

Stephanie Anderson , District Attorney, and Katherine Tierney , Asst. Dist. Atty., Portland, for appellee State of Maine, on the briefs.

Benet Pols, Esq. , for appellant Luis Pabon, at oral argument.

Katherine Tierney , Asst. Dist. Atty., for appellee State of Maine, at oral argument.

Dissent: SILVER, and MEAD, JJ.

LEVY, J.

[¶ 1] Luis Pabon appeals from a judgment entered in the Superior Court (Cumberland County, Warren, J.) after a jury verdict convicting him of elevated aggravated assault (Class A), 17-A M.R.S. § 208-B(1)(A) (2010), and attempted murder (Class A), 17-A M.R.S. § 152(1)(A) (2010). He asserts that the court's failure to include the dwelling-place exception to the duty to retreat when instructing the jury on self-defense constitutes obvious...

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