State v. Cannell, 2007 ME 30

Summary

The Maine Supreme Judicial Court held that pointing a loaded firearm and threatening to fire it, without discharging it, constitutes nondeadly rather than deadly force under Maine law. Because the trial court evaluated the defendant's justification defense under the standards for deadly force instead of nondeadly force, the court vacated the convictions and remanded for further proceedings.

Holdings

1. Using a gun in a threatening manner without discharging it constitutes nondeadly force, not deadly force, under Maine's justification statutes.
2. Cannell's testimony generated a justification defense based on the use of nondeadly force in defense of his person or property.
3. Once the nondeadly-force justification defense was generated, the State bore the burden of negating it beyond a reasonable doubt.

Questions Presented

1. Whether pointing a firearm and threatening to discharge it, without actually firing it, constitutes the use of deadly force under Maine's justification statutes.
2. Whether the trial court committed obvious, nonharmless error by evaluating Cannell's justification defense under the standards governing deadly force rather than nondeadly force.
3. Whether Cannell's evidence generated a justification defense based on the use of nondeadly force in defense of his person or property.

Disposition

vacated