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State v. Michael Small
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 2000 ME 182
Docket: Oxf-00-217
Argued: October 3, 2000
Decided: October 26, 2000
Panel:WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and
CALKINS, JJ.
STATE OF MAINE
v.
MICHAEL SMALL
RUDMAN, J.
[¶1] Michael Small appeals from the judgment entered in the
Superior Court (Oxford County, Warren, J.) on a jury verdict finding him
guilty of a violation of a condition of his release (Class C), a violation of 15
M.R.S.A. §§ 1092, 1026(3)(A)(5) (Supp. 1999). Small contends that the
trial court erred by failing to define the affirmative defense of "just cause."
We disagree and affirm the judgment of conviction.
[¶2] Small was released on bail after being arraigned on a charge of
assault (Class C). See 17-A M.R.S.A. §§ 207, 1252(4-A) (1983 &
Supp. 1999). The conditions of his release included a provision that he have
no contact with the alleged victim of the assault. The bail conditions did
not, however, prevent Small from visiting the victim's residence. The
victim asked her landlord to arrange a visit between her children and Small.
As planned, the landlord dropped Small off at the victim's residence one
evening when the victim would be away at a meeting. The landlord was
supposed to pick Small up before 10:30 p.m., when the victim was expected
to return. The victim came home early, and Small was still at the residence.
The victim called the Bethel Police Department. When the police arrived,
Small was in the living room, and the victim was in the bedroom. The
police removed Small from the residence.
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