State of Maine v. Jody B. Flynn

Summary

The Maine Supreme Judicial Court affirmed Jody B. Flynn’s convictions for theft by deception and intentional or knowing securities fraud arising from her solicitation and personal use of investor funds. The court held that the evidence was sufficient, that Flynn waived her hearsay challenge and failed to identify improperly admitted hearsay, and that the trial court did not abuse its discretion in conditionally permitting reference to her prior indictment.

Holdings

1. The evidence was sufficient for a rational jury to find beyond a reasonable doubt that Flynn obtained or exercised control over the investors' property by deception and with the intent to deprive them of it.
2. The evidence supported the trial court's finding that Flynn violated the Maine Uniform Securities Act by making untrue statements of material fact and omitting material facts necessary to make her statements nonmisleading in connection with securities transactions.
3. Flynn waived her hearsay argument by failing in her principal brief to identify and develop any specific instance of improperly admitted hearsay evidence; in any event, the identified evidence was admissible.
4. The trial court did not err or abuse its discretion by ruling that the State could reference Flynn's 2012 indictment only if she testified that she did not know that using investor funds for personal expenses was wrong.

Questions Presented

1. Whether the evidence was sufficient to support Flynn's convictions for theft by deception and intentional or knowing securities fraud.
2. Whether Flynn preserved and adequately developed her claim that the trial court improperly admitted hearsay evidence.
3. Whether the trial court erred or abused its discretion by conditionally permitting the State to reference Flynn's 2012 indictment if she testified that she did not know that using investor money for personal expenses was wrong.

Disposition

affirmed