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Manley v. State

Supreme Judicial Court of Maine

August 20, 2015

JAMES M. MANLEY
v.
STATE OF MAINE

Argued June 16, 2015.

As Corrected September 29, 2015.

Judgment affirmed.

On the briefs:

Jamesa J. Drake, Esq., Drake Law, LLC, Auburn, for appellant James M. Manley; Geoffrey A. Rushlau, District Attorney, and Patricia A. Mador, Asst. Dist. Atty., Office of the District Attorney, Bath, for appellee State of Maine.

At oral argument: Jamesa J. Drake, Esq., for appellant James M. Manley; Patricia A. Mador, Asst. Dist. Atty., for appellee State of Maine.

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

OPINION

Page 220

GORMAN, J.

[¶1] James M. Manley appeals from an order of the Superior Court (Sagadahoc County, Horton, J. ) denying his petition for post-conviction review. Because we conclude that the court did not err when it found that Manley received " reasonably effective assistance," we affirm.

I. BACKGROUND

[¶2] On November 15, 2010, Manley was indicted for elevated aggravated assault (Class A), 17-A M.R.S. § 208-B(1)(A) (2014), violation of a condition of release (Class E), 15 M.R.S. § 1092(1)(A) (2014),[1] terrorizing (Class D),[2] 17-A M.R.S. § 210(1)(A) (2014), and obstructing report of crime or injury (Class D), 17-A M.R.S. § 758(1)(B) (2014).

[¶3] On May 26, 2011, a jury found Manley guilty of elevated aggravated assault (Class A), 17-A M.R.S. § 208-B(1)(A) (2014). Viewing the evidence in the light most favorable to the State, the following facts were established beyond a reasonable doubt at trial. See State v. Reed, 2013 ME 5, ¶ 9, 58 A.3d 1130. The charges arose from an incident that occurred on September 19, 2010, at the rooming house where Manley and the victim lived. Early in the ...


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