State of Maine v. Nicholas Begin
120 A.3d 97
| Me. | 2015Background
- Nicholas Begin appeals a conviction for assault on an officer (Class C), violation of a protective order (Class D), and refusing to submit to arrest (Class D).
- The prosecution tried Begin for events on April 19, 2013, involving Lewiston Police Officer Vierling serving a protection order and Begin at 227 Bartlett Street.
- Begin contended the trial court erred in admitting violent details from a prior unrelated incident (Webster Street) as probative but prejudicial.
- The State introduced testimony that Begin violated a protection order and bail conditions by contacting Ashley, the protected party’s witness, affecting credibility.
- Recorded jailhouse phone calls from Begin to his mother were admitted in part; Begin sought broader use of the recordings but was denied; jury found Begin guilty on all counts; he was sentenced to prison with suspended time and probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Webster Street testimony was unduly prejudicial under Rule 403 | Begin argues the Webster Street details were unfairly prejudicial | State contends relevance to Vierling’s state of mind; probative value not substantially outweighed by prejudice | No abuse; testimony probative of state of mind and danger assessment. |
| Whether Begin’s contact with Ashley violated protection/bail orders admissibly affects credibility | Begin challenges the credibility implications of contact | Court could admit to assess bias and credibility | Court did not abuse discretion; evidence probative of credibility and bias. |
| Whether the court erred by excluding portions of jailhouse recordings beyond context | Begin sought broader use of recordings to supplement State’s evidence | Court limited recordings to contextualize the State’s evidence | No reversible error; court’s ruling not abused. |
| Whether prosecutorial remarks in opening statement warranted mistrial | State comments improperly urged jury to convict or ‘hold accountable’ | Remarks were improper but curable; court remedied prejudice | Mistrial denied; prejudice remedied by court and instructions. |
Key Cases Cited
- State v. Haag, 2012 ME 94 (Me. 2012) (standard for reviewing evidentiary rulings; sufficient evidence viewed in State’s favor)
- State v. Archer, 2011 ME 80 (Me. 2011) (Rule 106/for contextual evidence considerations (now Rule 403))
- Dolloff v. State, 2012 ME 130 (Me. 2012) (prosecutorial misconduct remedies; preservation of jury neutrality)
- State v. Woodard, 2013 ME 36 (Me. 2013) (prohibitions on appeals to public perception by prosecutors; remedy analysis)
- United States v. Mandelbaum, 803 F.2d 42 (1st Cir. 1986) (prosecution urging conviction; improper exhortation contexts)
- United States v. Castro-Davis, 612 F.3d 53 (1st Cir. 2010) (prosecutor arguments and jury pressure considerations)
