State of Maine v. Raymond Ellis, Jr.

Showhegan, Maine criminal defense lawyer represented the Defendant charged with robbery (Class A), 17-A M.R.S. § 651(1)(E) (2025), and possession of a firearm by a prohibited person (Class C), 15 M.R.S. § 393(1)(A-1)(1) (2023).



Legal issue Can the lack of a missing-witness jury instruction and the consideration of a failure to take responsibility as an aggravating factor in sentencing be challenged as violations of a defendant's rights?

Headnote



CRIMINAL LAW. MISSING-WITNESS JURY INSTRUCTION. The case addresses whether a criminal defendant is entitled to a jury instruction allowing the jury to infer that a missing witness would not corroborate the State's evidence, with the court reaffirming precedent that such an instruction is not permitted, as it would invite speculation, contrary to the accused's right to a trial based solely on the evidence presented.



CRIMINAL LAW. SENTENCING – DOUBLE-COUNTING OF FACTORS. The case involves examining whether the sentencing court improperly double-counted the brandishing of a firearm as both an element of the crime and an aggravating factor during the sentencing process, which the court clarifies is permissible if considered for distinct purposes at different stages of the sentencing analysis.



CRIMINAL LAW. SENTENCING – FAILURE TO TAKE RESPONSIBILITY. The judgment also examines the legality of considering a defendant's failure to take responsibility as an aggravating factor when sentencing, emphasizing that this cannot be based solely on a defendant exercising their right to trial and not testifying, which would infringe constitutional rights.



Key Phrases Robbery conviction. Missing-witness jury instruction. Aggravating factor. Sentencing analysis. United States Constitution rights.

Guilty



Affirmed