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State v. Giroux 2015 ME 28

Justia Opinion Summary

Defendant pleaded guilty to burglary and other crimes. Prior to sentencing, Defendant filed a motion to withdraw his pleas and his admission, alleging that his diagnosis of kleptomania in a presentence mental evaluation report constituted new evidence of a mental abnormality that raised a reasonable doubt as to his intent to commit the crimes charged. The trial court denied the motion. The Supreme Judicial Court affirmed, holding that the trial court did not abuse its discretion in denying Defendant's motion to withdraw his pleas, as the evidence of kleptomania could not raise a reasonable doubt as to Defendant's intent to commit burglary and theft, and the kleptomania diagnosis did not require the trial court to grant Defendant a discretionary withdrawal of his pleas.

The law firm of Hallett, Zerillo, and Whipple, P.A. are Maine attorneys representing clients who have been seriously injured, accused of crimes in state and federal court, have business litigation needs or family law and divorce cases. Various attorneys in the firm have been locally and nationally recognized for their achievements, including admission into New England Super Lawyers, the Client's Choice Award from AVVO.com, and the President's Award from the Maine Association of Criminal Defense Lawyers. For more information on the firm, please visit www.HZWlaw.com

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