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STATE v. RUTHERFORD

Docket: Ken-18-385.

214 A.3d 27 (2019)

2019 ME 128

STATE of Maine v. Donald F. RUTHERFORD.

Supreme Judicial Court of Maine.

Decided: August 6, 2019.

Attorney(s) appearing for the Case

Jeremy Pratt, Esq. (orally), and Ellen Simmons, Esq. , Camden, for appellant Donald F. Rutherford.

Maeghan Maloney , District Attorney, and Frayla Tarpinian , Asst. Dist. Atty. (orally), Prosecutorial District IV, Augusta, for appellee State of Maine.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

[¶ 1] In this appeal, we clarify the evidentiary foundation required for the admission of an otherwise hearsay statement as the adoptive admission of a defendant in a criminal trial. Donald F. Rutherford appeals from a judgment of conviction of operating under the influence (Class D), 29-A M.R.S. § 2411(1-A)(A), (5) (2018...

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