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State v. Tucker

Supreme Judicial Court of Maine

May 19, 2015

STATE OF MAINE
v.
STEPHEN J. TUCKER SR

Argued April 7, 2015.

As Corrected May 21, 2015.

On the briefs: Heather Gonzales, Esq., Strike, Goodwin & O'Brien, Portland, for appellant Stephen J. Tucker Sr.

Janet T. Mills, Attorney General, and Leanne Robbin, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee State of Maine.

At oral argument: Heather Gonzales, Esq., for appellant Stephen J. Tucker Sr.

Leanne Robbin, Asst. Atty. Gen., for appellee State of Maine.

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

OPINION

Page 596

MEAD, J.

[¶1] Stephen J. Tucker Sr. appeals from a judgment of conviction entered in the trial court ( Hunter, J.) on a jury verdict finding him guilty of theft by deception (Class B), 17-A M.R.S. § 354 (2014). He claims that the court erred in (1) admitting testimony that he claims was inaccurate and prejudicial, (2) allowing the state to reopen its case after it had rested, and (3) failing to instruct the jury on an additional element of theft by deception. We affirm the judgment.

I. BACKGROUND

[¶2] In June 2006, Tucker injured his left hand while working as a mechanic. In that same month the Maine Employers

Page 597

Mutual Insurance Company (MEMIC)[1] began paying Tucker weekly workers' ...


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