State v. Carr, 2012 ME 136

Carr was convicted of intentional or knowing murder after a jury trial in Bangor, Maine.
During trial, the State failed to disclose an eyewitness interview recording discovered at the end of testimony.
Carr moved for a new trial; the court conducted a hearing and denied the motion after finding the omission was inadvertent and not prejudicial.
Juror #75 was designated as an alternate due to unavailability past a certain time for religious reasons; the juror was released to deliberate after 12:50 p.m. and the verdict was reached around 4:57 p.m.
Carr was sentenced on December 2, 2011 to 35 years; the court applied mitigating factors (age ~18, immaturity, dysfunctional family, remorse) and an aggravating factor (amount of suffering to victim’s family) in the 35-year calculation.
On appeal, the court affirmed the conviction and addressed the challenged issues including discovery, equal protection as to Juror #75, sufficiency of the evidence, and sentencing methodology.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Discovery violation and new trial	Carr	Carr	No reversible error; trial fair and no basis for new trial
Equal protection for Juror #75	Carr	Carr	No equal protection violation; alternate designation based on time availability, not race/religion
Sufficiency of the evidence	Carr	Carr	Evidence supported each element of intentional or knowing murder beyond a reasonable doubt
Sentencing methodology	Carr	Carr	Sentence properly calculated with appropriate mitigating and aggravating factors

State v. Gould, 2012 ME 60 (Me. 2012) (review standard for discovery violations; whether trial was fair)
State v. Cookson, 2003 ME 136 (Me. 2003) (discretion in ruling on disclosure matters)
State v. Graham, 2010 ME 60 (Me. 2010) (sanctions and discovery standards in Maine criminal procedure)
State v. Rankin, 666 A.2d 123 (Me. 1995) (discovery violations and due process considerations)
State v. Robbins, 689 A.2d 603 (Me. 1997) (duty of police to disclose discoverable information)
State v. Silva, 56 A.3d 1230 (Me. 2012) (disclosure timing and impact on trial)
State v. Poole, 46 A.3d 1129 (Me. 2012) (equal protection framework for jury deliberation issues)
State v. Larrivee, 563 A.2d 1104 (Me. 1989) (judicial management of juror availability and alternates)
State v. Rollins, 2008 ME 189 (Me. 2008) (alternative juror decisions and abuse of discretion review)
State v. Landry, 485 A.2d 218 (Me. 1984) (juror management and due process considerations)
State v. Koehler, 2012 ME 93 (Me. 2012) (sentencing factors and firearm enhancement guidance)
State v. Waterman, 2010 ME 45 (Me. 2010) (sentencing procedure and balancing aggravators/mitigators)
State v. Schofield, 2006 ME 101 (Me. 2006) (sentencing considerations and appellate review)
Powers v. Ohio, 499 U.S. 400 (U.S. 1991) (standing to raise equal protection rights of jurors in nonracial discrimination context)