State of Maine v. Wade R. Hoover, 169 A.3d 904

Background

In 2012 law enforcement seized hundreds of images/videos from Wade Hoover’s computer showing sexual assaults of boys; Hoover admitted making the videos but denied drugging or penetrating victims.
Hoover pleaded guilty in federal court (2013) to sexual exploitation of a child and possession of child pornography and received a 360-month + 120-month consecutive federal sentence; federal court found drugging and anal penetration in support of sentencing.
State grand juries later indicted Hoover on multiple counts of gross sexual assault (victims under 12); Hoover pleaded guilty in state court to four counts (one in Somerset County, three in Kennebec County) and reserved sentencing.
At a contested state sentencing hearing the trial court reviewed the videos in camera, found drugging and penetration, set basic state sentences (20 and 30 years), found several aggravating and mitigating factors, and imposed sentences of 25 years (Somerset) and 35 years (Kennebec) to run consecutively (60 years total), with lifetime supervised release to run concurrently with federal sentence.
Hoover appealed, arguing (1) the court should have made specific findings of aggravating circumstances before imposing a de facto life sentence (relying on Shortsleeves), and (2) the 60-year aggregate sentence is constitutionally disproportionate under Me. Const. art. I, § 9. The Supreme Judicial Court affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Shortsleeves requires specific aggravating-factor findings before imposing a de facto life term	Hoover: court must articulate specific aggravating circumstances (Shortsleeves guidance) before imposing a term-of-years that is de facto life	State: Shortsleeves applies only to actual life sentences for single crimes, not consecutive terms of years for multiple crimes	Court: Shortsleeves not triggered; applies only to life sentences for a single crime, so no special findings required here
Whether the aggregate 60-year sentence is grossly disproportionate under Me. Const. art. I, § 9	Hoover: 60 years is excessive and disproportionate; court failed to properly balance sentencing purposes	State: each individual sentence is authorized and proportionate given victims’ ages, drugging, penetration, repeated offenses, breach of trust, and memorialization	Court: no inference of gross disproportionality; each individual sentence is within statutory range and proportionate; aggregate consecutive sentences are permissible
Whether court had to treat consecutive sentences as a single de facto life sentence for proportionality review	Hoover: consecutive terms should be evaluated in the aggregate as a de facto life sentence	State: consecutive terms are separate punishments; constitutional review focuses on each sentence individually	Court: consecutive sentences are separate; review requires Hewey analysis for each sentence—aggregate harshness alone does not show constitutional disproportionality
Whether the sentencing court erred in factfinding (drugging, penetration) used to set sentences	Hoover: contest to evidence and in-camera review should not have supported those factual findings	State: court properly reviewed evidence in camera, made findings that informed the basic sentences and aggravating factors	Court: trial court’s findings were supported by the videos/forensic report and appropriately considered in sentencing

Key Cases Cited

State v. Hoover, 121 A.3d 1281 (Me. 2015) (prior federal sentence and prior state appeal rejecting double jeopardy bar)
State v. Shortsleeves, 580 A.2d 145 (Me. 1990) (life sentence for murder requires enumerated aggravating circumstances)
State v. Stanislaw, 65 A.3d 1242 (Me. 2013) (when imposing consecutive sentences court must ensure each unsuspended sentence is not excessive; perform separate Hewey analyses)
State v. Ward, 21 A.3d 1033 (Me. 2011) (Maine proportionality test: gross disproportionality and prevailing notions of decency)
State v. Sweet, 745 A.2d 368 (Me. 2000) (affirming very long consecutive sentences in particularly aggravated child-sex cases)
State v. Freeman, 87 A.3d 719 (Me. 2014) (upholding long sentence for violent offenses; harsh but not grossly disproportionate)
State v. Hewey, 622 A.2d 1151 (Me. 1993) (framework for assessing sentence propriety and departures)