State of Maine v. Nathan J. Lacourse, 159 A.3d 847

Background

Defendant Nathan J. Lacourse was tried by jury and convicted of domestic violence assault (Count VII), domestic violence stalking, and endangering the welfare of a child based on conduct during a ten-year marriage.
The indictment charged the assault as occurring “on or about August 30, 2012.” The State produced seventeen victim journals in discovery; one journal entry dated 8/23/12 said Lacourse hit the victim with a ruler “the other day,” but the entry was not admitted into evidence at trial.
At trial the victim testified that Lacourse hit her once with a ruler on her lower back during the relationship but did not give a date or time frame for the incident.
Defense requested a bill of particulars; the trial court denied it. After openings, the court required the State to identify which event supported the assault count; the prosecutor designated the “ruler” incident.
Lacourse moved for judgment of acquittal arguing insufficient evidence the assault occurred within the three-year statute of limitations; the motion was denied and jury convicted. Post-verdict motion again argued statute-of-limitations issue; denied. Sentence included consecutive time tied to the assault conviction.
On appeal the Maine Supreme Judicial Court vacated the assault conviction because the State failed to prove the assault occurred within the three-year limitations period and remanded for entry of judgment of acquittal on Count VII; remanded for determination whether resentencing on remaining counts is needed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence disproved that the assault occurred outside the 3-year statute of limitations	State: victim testimony and prosecutor’s identification of the “ruler” incident supported conviction as within limitations	Lacourse: no evidence of date; jury could not find assault occurred on/after June 6, 2010	Court: Held insufficient evidence; statute-of-limitations defense was generated and State failed to disprove it beyond a reasonable doubt; vacated assault conviction
Whether denial of bill of particulars warranted reversal	State: identification at trial and discovery materials were adequate	Lacourse: indictment vague; surprised by State’s factual theory (ruler incident)	Court: did not reach merits of this claim because acquittal required; declined to decide
Whether trial court’s late requirement that State “pick an event” affected outcome	State: trial management adequate; jury resolved factual dispute	Lacourse: late specification prejudiced defense	Court: did not decide because acquittal was required on statute-of-limitations ground
Whether resentencing is necessary on remaining convictions given vacatur of assault sentence	State: sentences may stand if independent	Lacourse: sentencing interrelated; assault sentence influenced overall sentencing	Court: Remanded to determine whether stalking and child-endangerment sentences were interrelated; if so, resentence after new hearing

Key Cases Cited

State v. Fay, 130 A.3d 364 (Me. 2015) (standard for viewing evidence in light most favorable to State)
State v. Graham, 845 A.2d 558 (Me. 2004) (what evidence places a statutory defense "in issue")
State v. Gagnier, 123 A.3d 207 (Me. 2015) (reviewing record in light most favorable to defendant to assess whether evidence generates a defense)
State v. Hernandez, 708 A.2d 1022 (Me. 1998) (State’s burden to disprove a statutory defense equals proving elements of offense)
State v. Adams, 113 A.3d 583 (Me. 2015) (standard for sufficiency review when defense generated by evidence)
United States v. Upton, 559 F.3d 3 (1st Cir. 2009) (review of sufficiency where statute-of-limitations defense raised)
State v. Borucki, 505 A.2d 89 (Me. 1986) (remand for acquittal where dates placed offense outside limitations and State presented no disproof)
State v. Thompson, 695 A.2d 1174 (Me. 1997) (directing acquittal where evidence generated but did not disprove statute-of-limitations defense)
State v. Carr, 704 A.2d 353 (Me. 1997) (sentencing interrelation inquiry when one conviction vacated)
State v. Bunker, 436 A.2d 413 (Me. 1981) (resentencing procedures when sentences are interrelated)