State v. Herzog
44 A.3d 307
Me.2012Background
- On March 31, 2011, Richard Herzog's wife returned home while Herzog was intoxicated in the barn following a hospital visit with family.
- The couple argued about Herzog's drinking; the wife later tried to pass Herzog to go upstairs when a door was locked.
- Herzog blocked the doorway and hit his wife, causing a red mark, swelling under the eye, and her fall.
- Herzog was charged with domestic violence assault (Class D), and a nonjury trial proceeded after the wife called the police.
- Herzog testified that his wife pushed him and he acted in self-defense; the court found the wife used reasonable force and Herzog used offensive force, crediting the wife's testimony.
- The court convicted Herzog, sentencing 20 days in jail (all suspended), two years of probation with conditions (including no unlawful drugs/alcohol) and a $10 Victims' Compensation Fund payment; Herzog appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether self-defense was properly treated as an issue and disproving burden applied | Herzog claims the court did not first determine self-defense was in issue. | State contends the court implicitly found self-defense at issue by weighing the evidence and applying the burdens. | Court properly addressed self-defense and disproved it beyond a reasonable doubt. |
| Whether the State satisfied the burden to disprove self-defense | Herzog asserts insufficient evidence against self-defense. | State argues the evidence supports rejection of self-defense. | State satisfied its burden; self-defense rejected; conviction upheld. |
| Whether the sentence complied with probation statutory limits | Herzog argues two years probation exceeds the statutory maximum. | State concedes the two-year term was unauthorized. | Probation reduced to one year; sentence affirmed as modified. |
| Whether evidence supports conviction beyond a reasonable doubt | State contends evidence shows domestic violence assault committed by Herzog. | Herzog contends acquittal on self-defense undermines conviction. | Competent evidence supports that Herzog intentionally/aggressively caused bodily harm; conviction affirmed. |
Key Cases Cited
- State v. Diecidue, 931 A.2d 1077 (Me. 2007) (standard for reviewing factual support on appeal)
- State v. Ouellette, 37 A.3d 921 (Me. 2012) (burden-shifting framework for self-defense)
- State v. Pabon, 28 A.3d 1147 (Me. 2011) (obvious-error standard for unpreserved claims)
- State v. White, 769 A.2d 827 (Me. 2001) (jurisdictional infirmity may be corrected on appeal)