State of Maine v. Bernier

STATE OF MAINE UNIFIED CRIMINAL DOCKET
AROOSTOOK, ss. Docket No. AROCD-CR-19-20145
AROCD-CR-19-20151
AROCD-CR-20-20072
AROCD-CR-20-30159

STATE OF MAINE, )
)
v. ) ORDER ON MOTION FOR
) RELIEF FROM JOINDER
LYLE BERNIER, )
Defendant )

Defendant has been charged by way of indictment in the above captioned matters as
follows:
AROCD-CR-19-20145
1. Domestic Violence Assault - Class C
a. Dated alleged: May 20, 2019
b. Location alleged: Eagle Lake
c. Alleged victim: Leslie Collagan

AROCD-CR-19-20151
1. Violation of Condition of Release - Class C
a. Dated alleged: May 23, 2019
b. Location alleged: Eagle Lake
c. Alleged contact: Leslie Collagan

AROCD-CR-20-20072
1. Domestic Violence Stalking- Class D
a. Dated alleged: March 12, 2020
b. Location alleged: Eagle Lake
c. Alleged victim: Leslie Collagan

2. Violation of Condition of Release - Class C
a. Dated alleged: March 12, 2020
b. Location alleged: Eagle Lake
c. Alleged contact: Leslie Collagan

AROCD-CR-20-30159
1. Violation of Condition of Release - Class C
a. Dated alleged: August 13, 2019
b. Location alleged: Houlton
c. Alleged contact: Leslie Collagan
2. Domestic Violence Stalking - Class C
a. Dated alleged: August 13, 2019
b. Location alleged: Houlton
c. Alleged victim: Leslie Collagan

The State filed a document entitled "Notice of Joinder, M.R.U.CRIM.P. 8(b)" dated
October 27, 2021 purp01ting to "automatically" join all four of the cases set forth above. In
response to the filing by the State, the Defendant filed a Motion for Relief from Joinder on October
28, 2021.

The court notes that the "Notice of Joinder" cites Rule 8(b), which relates to the
"prosecution against two or more defendants" rather than a single defendant facing "two or more
indictments, informations, or complaints" as referenced in Rule 8(c). MR. U CRIMP. 8.

"While thejoinder of offenses and defendants in a single pleading under Rule 8(a) and (b)
is initially a matter of prosecutorial discretion, the decision on a motion to consolidate under Rule
8(c) is committed solely to the discretion of the court." See, 1 ME. CRIMPRAC. Rev.Ed Issue
0(1992). Therefore, the filing of the "Notice of Joinder" was ineffective to consolidate the matters
for trial. The matters shall proceed to trial in due course, beginning with AROCD-CR-19-20145.

The Defendant's Motion for Relief from Joinder is denied as not ripe.

Date:

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