State v. Miller, 191 A.3d 356

Victim, Miller's biological daughter, moved in with Miller at age 15 (late 2008).
Victim testified Miller digitally/penile-vaginally assaulted her repeatedly—"more than 50 times"—from age 15 until she left around 18; she described the first assault in detail.
After she moved out, there was a nonassaultive relationship for ~2013–2016, but Miller had intercourse with her on Feb. 17, 2016; hospital SANE exam collected semen later matched Miller by DNA.
Police recorded a pretextual call in which Miller apologized and implied he had pressured her to have sex.
Indictment alleged 29 monthly-count gross sexual assaults (June 2009–May 2011); one count was later dismissed and Miller was convicted of 28 counts plus incest; he appealed only the sufficiency of evidence for the 28 counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for each of 28 monthly-counts of gross sexual assault	State: Victim testimony and corroborating DNA/recorded call support convictions for at least 28 separate assaults	Miller: Indictment specified time/place for each count, so State had to prove time/place of each individual incident — evidence insufficient for each monthly count	Court: Affirmed — victim testimony (corroborated) was sufficient; time/place not an element and statutes of limitations/age satisfied
Requirement to prove time/place for each alleged incident	State: Time/place not elements except as to victim age and statute of limitations; venue only	Miller: Prosecution failed to prove the specific month/place for each count as charged	Court: Time is not an element (except for age/limitations); place is not essential—thus specific-date proof not required
Specific unanimity (jury must agree on same act for each count)	State: Evidence explicit; jury instructions approved by defendant	Miller: (not preserved) risk of juror confusion about which acts supported which counts	Court: Miller waived by approving instructions; on facts, no reasonable juror confusion — unanimity not an issue
Statute of limitations applicability	State: Amended limitations extended to eight years and applies here	Miller: (implied challenge re dates)	Court: Eight-year limitations applies; offenses fall within statutory period

State v. Hall, 172 A.3d 467 (Me. 2017) (standard for reviewing sufficiency of the evidence)
State v. Moores, 910 A.2d 373 (Me. 2006) (victim testimony alone can support sex-crime conviction if credible and addresses elements)
State v. Shulikov, 712 A.2d 504 (Me. 1998) (proof of multiple offenses from victim's testimony)
State v. Standring, 960 A.2d 1210 (Me. 2008) (time is not an element of gross sexual assault except for age/limitations)
State v. Brown, 757 A.2d 768 (Me. 2000) (place is not an essential element of a crime)
State v. Hanscom, 152 A.3d 632 (Me. 2016) (specific-unanimity doctrine and jury instruction error)
State v. Ford, 82 A.3d 75 (Me. 2013) (waiver of trial objections by approving jury instructions)
State v. Logan, 97 A.3d 121 (Me. 2014) (corroboration not required where victim testimony is sufficient)