State v. LaVallee-Davidson, 2011 ME 96

LaVallee-Davidson killed a man by placing a gun to his head and pulling the trigger during consensual sexual activity; the gun was not checked for a loaded chamber.
He was charged with manslaughter (Class A), 17-A M.R.S. § 203(1)(A), and convicted by a jury after trial.
Evidence showed the shooting occurred after alcohol/drug use; the victim died from a single gunshot wound to the head on the second trigger pull.
LaVallee-Davidson participated in a police interview video in which he described the events and made inconsistent statements about the location of guns and ammunition.
The trial court instructed the jury on mistake-of-fact as it relates to recklessness or criminal negligence, and LaVallee-Davidson did not object to the instruction.
On appeal, he challenged the mistake-of-fact instruction and the sufficiency of the evidence, including identification and mental-state proof; the court affirmed the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the mistake-of-fact instruction proper?	LaVallee-Davidson contends the instruction misapplied mistake of fact to the mental states	LaVallee-Davidson argues the instruction should have placed the State’s burden differently or clarified consideration of mistake of fact	Instruction correct and not obviously erroneous
Was there sufficient evidence the death was caused recklessly or with criminal negligence?	State contends there was enough proof of recklessness/criminal negligence	LaVallee-Davidson argues lack of knowledge the gun was loaded defeats mental state	Evidence satisfactory beyond reasonable doubt
Was the identity of LaVallee-Davidson as the shooter properly established?	State presented video and witnesses linking him to the act	LaVallee-Davidson challenges identification	Identity properly established by substantial evidence

State v. Burdick, 782 A.2d 319 (Me. 2001) (no obvious error in jury instructions; standard for review)
State v. Poole, 568 A.2d 830 (Me. 1990) (standard for evaluating mistake-of-fact instruction)
State v. Collin, 741 A.2d 1074 (Me. 1999) (misimpression about mistake of fact not an affirmative defense)
State v. Okie, 987 A.2d 495 (Me. 2010) (addressing insanity/defense framework in Maine law)
State v. Christen, 976 A.2d 980 (Me. 2009) (considerations of defenses and burdens of proof)