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State v. Brewer

505 A.2d 774 (1985)

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State v. Brewer

Maine Supreme Judicial Court

505 A.2d 774 (1985)

Facts

A truck owned by Andrew Pratt was involved in an accident. After the accident, law enforcement found Ricky Brewer (defendant) intoxicated at the nearby home of Virginia Curtis, who had reported the accident. The State of Maine (plaintiff) charged Brewer with operating a motor vehicle under the influence of alcohol. Brewer admitted to being intoxicated but stated that he had been drinking with Pratt at a bar and that Pratt was driving the truck when it crashed. Brewer stated that he had fallen asleep in the truck and had not woken up until after the accident, at which point he walked to Curtis’s home. Neither the prosecution nor Brewer called Pratt as a witness. Because Pratt could have exonerated Brewer if he testified that he was driving the truck, the trial court permitted an adverse inference against Brewer based on him not calling Pratt as a witness. Brewer was convicted, and the superior court affirmed. Brewer appealed.

Rule of Law

Issue

Holding and Reasoning (Glassman, J.)

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