State of Maine v. Keith E. Kline Jr.
66 A.3d 581
Me.2013Background
- Keith E. Kline Jr. was convicted by a jury of reckless conduct with a dangerous weapon (firearm) and reckless conduct.
- Incident occurred on Labor Day 2011 when Kline shot firearms behind his home toward the wooded area near the victim’s mobile home, about 500 feet away.
- Bullet from the firearm penetrated the victim’s home; victim was inside and injured.
- Indictment included a clause invoking a mandatory minimum sentence under 17-A M.R.S. § 1252(5) for a firearm against a person.
- Kline challenged sufficiency of the evidence, evidentiary rulings, mistrial/curative response, and the mandatory minimum designation.
- Court remanded for resentencing after vacating the minimum sentence and agreeing on the need for further fact-finding by the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Kline argues evidence does not prove recklessness. | State contends evidence supports recklessness beyond reasonable doubt. | Evidence sufficient to sustain conviction. |
| Admission/exclusion of private investigator testimony | Kline seeks admission of measurements and topo observations. | State challenges portions of the investigator's testimony. | Court did not err in limiting/excluding testimony. |
| Motion for mistrial and curative instruction | Kline moved for mistrial due to rebuttal comment; seeks remedy. | State argues curative instruction sufficient; no mistrial warranted. | Curative instruction adequate; no mistrial required. |
| Application of mandatory minimum sentence | Jury needed findings to apply §1252(5); court erred by not instructing. | Parties agree remand for resentencing; no further ruling on merits necessary. | Sentence vacated and remanded for resentencing. |
Key Cases Cited
- State v. Hofland, 2012 ME 129 (Me. 2012) (standard of review for sufficiency evidence)
- State v. Roberts, 2008 ME 112 (Me. 2008) (evidentiary rulings reviewed for error)
- State v. Snow, 2007 ME 26 (Me. 2007) (limitations on lay opinion and evidence)
- State v. Caron, 2011 ME 9 (Me. 2011) (curative instruction adequacy; mistrial considerations)
- State v. Bridges, 2004 ME 102 (Me. 2004) (mistrial considerations and procedural remedies)