State v. Cheney, 2012 ME 119

Cheney, after heavy intoxication, drove and struck a student on Middle Street, Orono, causing her death and leaving the scene.
Cheney later traveled onto I-95, became stranded, and was found eating breakfast at a Newport gas station; breath test showed BAC 0.15.
Evidence connected Cheney’s truck grille and headlight pieces to the scene; autopsy indicated a tall vehicle caused the impact with the victim.
Detective Whitehouse testified about the victim’s boyfriend; Cheney offered an audio recording to impeach the detective’s credibility, but the court limited use of the recording.
During trial, unidentified individuals approached jurors with comments; the court questioned jurors, and both sides chose to proceed without a mistrial.
Cheney was convicted at a jury trial of manslaughter, aggravated OUI, aggravated leaving the scene, and OUI; he moved for acquittal or new trial but was denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Impeachment of witness with prior statements	Cheney argues impeachment via audio of inconsistent statements was improperly restricted.	Cheney contends the court erred by limiting impeachment of the detective.	Court acted within discretion; impeachment limits were proper.
Jury tampering and prejudice presumption	Cheney claims third-party juror contact required Remmer prejudice presumption.	Cheney asserts the trial court should have applied presumption of prejudice and burden on State.	Trial court’s inquiry and post-surveyed jurors supported proceeding; no clear error.
Prosecutorial burden-shifting curative instruction	State comments shifted burden to Cheney; failure to give curative instruction was error.	Cheney argues improper closing rebuttal misdirected jury.	Harmless error; curative instruction not required given context and evidence.
Sufficiency of evidence for manslaughter	State presented sufficient circumstantial evidence to prove recklessness/criminal negligence and causation.	Cheney contends no proof of recklessness, negligence, or causation.	Evidence supported a reasonable inference of recklessness/criminal negligence and causation.

State v. Townsend, 2009 ME 106 (Me. 2009) (standard for reviewing evidence in light of the jury verdict)
State v. Patton, 2012 ME 101 (Me. 2012) (abuse of discretion in evidentiary rulings)
State v. Allen, 462 A.2d 49 (Me. 1983) (impeachment admissibility of prior inconsistent statements; relevance)
State v. Brine, 1998 ME 191 (Me. 1998) (balancing probative value against unfair prejudice under Rule 403)
State v. Coburn, 1999 ME 28 (Me. 1999) (juror exposure to adverse information; remand/considerations)
State v. Allard, 557 A.2d 960 (Me. 1989) (impropriety of juror communications and relatedness to case substance)
State v. Kaler, 1997 ME 62 (Me. 1997) (presumption of prejudice in juror-exposure cases and related standards)