Bangor, ME
State, local, and municipal law Lawyer at Bangor, ME
Practice Areas: State, Local And Municipal Law, Land Use & Zoning, Environmental and Natural Resources
OUTCOME: City's tax lien foreclosure upheld.
Taxpayer Charles Fitzgerald challenged the City of Bangor's municipal tax lien foreclosure of a downtown former department store building, based on equitable estoppel. E. Stumpfel defended as Bangor's ... City Solicitor.
OUTCOME: Court of Military Appeals rejected rule of per se reversal in unlawful command influence cases, in favor of tailored relief applying the "harmless error" rule of Chapman v. California. Defendants' appeals were later cert. denied by U.S. Supreme Court.
Giarratano and numerous (100+) other military defendants challenged their court-martial convictions based on unlawful command influence by 1st Armored Division commander / convening authority. Defenda ... nts argued for a rule of per se reversal, instead of tailored relief granted by military trial and appeals courts. E. Stumpfel represented United States Army as appeals counsel.
OUTCOME: Conviction upheld. Special needs of the military required an offense of negligent homicide based on simple negligence, due to hazards of military service and possible consequences of negligent acts by service members.
Defendant challenged his court-martial conviction for negligent thomicide on grounds that Congress did not intend to allow military prosecutions for negligent homicide based on a simple negligence stan ... dard.
OUTCOME: Court of Appeals decision upheld. Civil rights suit under 42 USC sec. 1983 was not barred by guilty plea in related criminal case. Last 9-0 Supreme Court full opinion decision authored by Justice Thurgood Marshall.
State of Virginia sought to reverse federal 4th circuit Court of Appeals decision holding that a guilty plea in a state criminal case did not bar the defendant from filing a civil rights action against ... the state for illegal search and seizure. E. Stumpfel helped draft and edit amicus curiae brief by U.Va. Law School Post-Conviciton Assistance Project on behalf of the civil rights plaintiff.
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