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State v. Hederson

Supreme Court of Maine

October 13, 2016

STATE OF MAINE
v.
GEORGE H. HEDERSON

          Argued: April 6, 2016

         Reporter of Decisions

         On the briefs:

          Stephanie Anderson, District Attorney, and Kate Tierney, Asst. Dist. Atty., Prosecutorial District Two, Portland, for appellant State of Maine

          Jamesa J. Drake, Esq., Drake Law, LLC, Auburn, for appellee George H. Hederson

         At oral argument:

          Kate Tierney, Asst. Dist. Atty., for appellant State of Maine.

          Jamesa J. Drake, Esq., for appellee George H. Hederson.

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

          PER CURIAM.

         [¶1] The State of Maine appeals from an order entered by the trial court (Cumberland County, Wheeler, J.) granting George H. Hedersons motion to dismiss one count of a complaint alleging violation of a protective order (Class D), 19-A M.R.S. § 4011(1) (2015). On appeal, the State contends that the court erred when it dismissed that count after concluding that the no-contact bail conditions ordered by a New Hampshire bail commissioner are not "similar" to a protective order for purposes of Maine statutes governing protection from abuse, see 19-A M.R.S. §§ 4001-4014 (2015). We remand the matter to the Unified Criminal Docket for further proceedings.

         I. FACTS AND PROCEDURE

         [¶2] On January 29, 2015, Hederson was arrested in New Hampshire on a domestic violence charge. He was released later that day on a $5, 000 personal recognizance bail, [1] subject to a "domestic violence/stalking criminal order of protection including orders and conditions of bail." The bail order and conditions, also issued the same day by a New Hampshire bail commissioner, required that Hederson stay 150 feet away from the victim and that he not contact, threaten, or abuse the victim. The order also established an arraignment date of March 5, 2015, and stated that the conditions were imposed "pending arraignment."

         [¶3] On April 4, 2015, Hederson allegedly assaulted the victim in Portland, Maine. On April 6, Hederson was charged by complaint in Maine with violation of a protective order (Class D), 19-A M.R.S. § 4011(1) (Count I), based on the New Hampshire order; and ...


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