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State v. Hasenbank

Supreme Judicial Court of Maine
Nov 12, 1981
436 A.2d 1130 (Me. 1981)

Opinion

Argued November 4, 1981.

Decided November 12, 1981.

Appeal from the Superior Court, Penobscot County.

David M. Cox, Dist. Atty., Gary F. Thorne (orally), Asst. Dist. Atty., Bangor, for plaintiff.

Hall, DeSanctis Schultz, Julio DeSanctis, III (orally), Bangor, for defendant.

Before McKUSICK, C.J., and GODFREY, NICHOLS, VIOLETTE and WATHEN, JJ.


MEMORANDUM OF DECISION.

The Defendant, Michael Hasenbank, appeals from judgments of conviction for carrying a concealed weapon in violation of 25 M.R.S.A. § 2031 and possession of a firearm by a felon in violation of 15 M.R.S.A. § 393.

In the State's earlier appeal we ruled that the firearm which had been seized after an investigatory detention of the Defendant was admissible into evidence and therefore we vacated the order suppressing such evidence. State v. Hasenbank, Me., 425 A.2d 1330, 1334 (1981). Upon remand the Superior Court (Penobscot County) followed that ruling.

Now we apply the salutary doctrine of the law of the case. Blance v. Alley, Me., 404 A.2d 587, 589 (1979). There having been no showing of different facts material to our prior decision of admissibility, our earlier decision controls throughout subsequent proceedings.

The entry is:

Appeal denied.

Judgment affirmed.

All concurring.


Summaries of

State v. Hasenbank

Supreme Judicial Court of Maine
Nov 12, 1981
436 A.2d 1130 (Me. 1981)
Case details for

State v. Hasenbank

Case Details

Full title:STATE of Maine v. Michael HASENBANK

Court:Supreme Judicial Court of Maine

Date published: Nov 12, 1981

Citations

436 A.2d 1130 (Me. 1981)

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