 |
 |
| Title
5. Administrative Procedures And Services | | Title
9-a. Maine Consumer Credit Code | | Title
9. Banks And Financial Institutions | | Title 01. General Provisions | | Title 02. Executive | | Title 03. Legislature | | Title 04. Judiciary | | Title 05. Administrative Procedures And Services | | Title 06. Aeronautics | | Title 07. Agriculture And Animals | | Title 08. Amusements And Sports | | Title 09-a. Maine Consumer Credit Code | | Title 09-b. Financial Institutions | | Title 09. Banks And Financial Institutions | | Title 10. Commerce And Trade | | Title 11. Uniform Commercial Code | | Title 12. Conservation | | Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff)) | | Title 13-b. Maine Nonprofit Corporation Act | | Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff)) | | Title 13. Corporations | | Title 14. Court Procedure -- Civil | | Title 15. Court Procedure -- Criminal | | Title 16. Court Procedure -- Evidence | | Title 17-a. Maine Criminal Code | | Title 17. Crimes | | Title 18-a. Probate Code | | Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05) | | Title 18. Decedents' Estates And Fiduciary Relations | | Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff)) | | Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff)) | | Title 20-a. Education | | Title 20. Education | | Title 21-a. Elections | | Title 21. Elections | | Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new)) | | Title 22. Health And Welfare | | Title 23. Highways | | Title 24-a. Maine Insurance Code | | Title 24. Insurance | | Title 25. Internal Security And Public Safety | | Title 26. Labor And Industry | | Title 27. Libraries, History, Culture And Art | | Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new)) | | Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp)) | | Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff)) | | Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff)) | | Title 31. Partnerships And Associations | | Title 32. Professions And Occupations | | Title 33. Property | | Title 34-a. Corrections | | Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd)) | | Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp)) | | Title 36. Taxation | | Title 37-a. Department Of Defense And Veterans Services | | Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr)) | | Title 37. Veterans' Services | | Title 38. Waters And Navigation | | Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8) | | Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7) |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Maine |
|
USA Statutes : maine
Title : Title 15. COURT PROCEDURE -- CRIMINAL
Chapter : Chapter 305-A. POST-CONVICTION REVIEW
|
|
Title 15 - §2121. Definitions
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2121. Definitions
As used in this chapter, the following terms have the following meanings.
[1979, c. 701, §15 (new).]
1. Criminal judgment. "Criminal judgment" means a judgment of conviction of a crime, the orders of adjudication and disposition in a juvenile case
and a judgment of not criminally responsible by reason of mental disease or defect.
[1995, c. 286, §2 (amd).]
1-A. Assigned justice. "Assigned justice" means the Justice or Active Retired Justice of the Supreme Judicial Court, the Justice or Active Retired
Justice of the Superior Court or the judge authorized to sit in the Superior Court on post-conviction review cases who is
assigned the post-conviction review proceeding when a special assignment has been made. It means any justice, active retired
justice or authorized judge attending to the regular criminal calendar when the post-conviction review proceeding is assigned
to the regular criminal calendar.
[2003, c. 29, §1 (amd).]
2. Post-sentencing proceeding. "Post-sentencing proceeding" means a court proceeding or administrative action occurring during the course of and pursuant
to the operation of a sentence that affects whether there is incarceration or its length, including revocation of parole,
failure to grant parole, an error of law in the computation of a sentence and default in payment of a fine or restitution.
It does not include administrative disciplinary proceedings resulting in a withdrawal of good-time deductions, revocation
of probation, cancellation of supervised community confinement or aftercare status of a juvenile or proceedings before the
Appellate Division of the Supreme Judicial Court.
[1997, c. 464, §1 (amd).]
3. Sentence. "Sentence" means the punishment imposed in a criminal proceeding or the disposition imposed in a juvenile proceeding.
[1983, c. 235, §2 (rpr).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1981,
Ch. 238,
§1
(AMD).
PL 1983,
Ch. 235,
§1,2
(AMD).
PL 1985,
Ch. 209,
§1
(AMD).
PL 1985,
Ch. 556,
§1
(AMD).
PL 1995,
Ch. 286,
§2
(AMD).
PL 1997,
Ch. 464,
§1
(AMD).
PL 2003,
Ch. 29,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2122. Purpose
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2122. Purpose
This chapter provides a comprehensive and, except for direct appeals from a criminal judgment, the exclusive method of review
of those criminal judgments and of post-sentencing proceedings occurring during the course of sentences. It is a remedy for
illegal restraint and other impediments specified in section 2124 that have occurred directly or indirectly as a result of
an illegal criminal judgment or post-sentencing proceeding. It replaces the remedies available pursuant to post-conviction
habeas corpus, to the extent that review of a criminal conviction or proceedings are reviewable, the remedies available pursuant
to common law habeas corpus, including habeas corpus as recognized in Title 14, sections 5501 and 5509 to 5546, coram nobis,
writ of error, declaratory judgment and any other previous common law or statutory method of review, except appeal of a judgment
of conviction or juvenile adjudication and remedies that are incidental to proceedings in the trial court. The substantive
extent of the remedy of post-conviction review is defined in this chapter and not defined in the remedies that it replaces;
provided that this chapter provides and is construed to provide relief for those persons required to use this chapter as
required by the Constitution of Maine, Article 1, Section 10.
[1997, c. 399, §1 (amd).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1997,
Ch. 399,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2123. Jurisdiction and venue
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2123. Jurisdiction and venue
1. Jurisdiction. Jurisdiction shall be in the Superior Court.
[1979, c. 701, §15 (new).]
1-A. Supreme Court Justice or authorized Judge of the District Court. A single Justice of the Supreme Judicial Court, an Active Retired Justice of the Supreme Judicial Court or a judge authorized
to sit in the Superior Court on post-conviction review cases has and shall exercise jurisdiction and has and shall exercise
all of the powers, duties and authority necessary for exercising the same jurisdiction as the Superior Court relative to a
post-conviction review proceeding.
[2003, c. 29, §2 (amd).]
2. Venue. Venue shall be in the county in which the criminal judgment was entered. Venue may be transferred by the assigned justice
at his discretion.
[1983, c. 816, Pt. B, §4 (amd).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1983,
Ch. 235,
§3
(AMD).
PL 1983,
Ch. 816,
§B4
(AMD).
PL 1985,
Ch. 209,
§2
(AMD).
PL 2003,
Ch. 29,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2124. Jurisdictional prerequisite of restraint or impediment
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2124. Jurisdictional prerequisite of restraint or impediment
An action for post-conviction review of a criminal judgment of this State or of a post-sentencing proceeding following the
criminal judgment may be brought if the person seeking relief demonstrates that the challenged criminal judgment or post-sentencing
proceeding is causing a present restraint or other specified impediment as described in subsections 1 to 3:
[1997, c. 399, §2 (amd).]
1. Present restraint by criminal judgment. Present restraint or impediment as a direct result of the challenged criminal judgment:
A. Incarceration pursuant to the sentence imposed as a result of the criminal judgment which is challenged;
[1979, c. 701, §15 (new).]
B. Other restraint, including probation, parole, other conditional release or a juvenile disposition other than incarceration
or probation, imposed as a result of the sentence for the criminal judgment which is challenged;
[1983, c. 235, §5 (amd).]
C. A sentence of unconditional discharge resulting from a criminal judgment, for a period of 2 years following the date of
sentence;
[1979, c. 701, §15 (new).]
D. Incarceration, other restraint or an impediment specified in paragraphs A, B and C which is to be served in the future,
although the convicted or adjudicated person is not in execution of the sentence either because of release on bail pending
appeal of the criminal judgment or because another sentence must be served first; or
[1983, c. 235, §5 (amd).]
E. A fine imposed by the challenged criminal judgment which has not been paid;
[1979, c. 701, §15 (new).]
[1983, c. 235, §5 (amd).]
1-A. Present or future restraint by commitment to the Commissioner of Health and Human Services. Present restraint or impediment as a direct result of commitment to the custody of the Commissioner of Health and Human
Services pursuant to section 103 imposed as a result of being found not criminally responsible by reason of mental disease
or defect, that is challenged, or future restraint or impediment as a result of such an order of commitment that is challenged
when a sentence involving imprisonment is or will be served first.
A claim for postconviction review is not allowed under this subsection relative to any court proceeding or administrative
action that affects release or discharge pursuant to section 104-A;
[RR 1995, c. 2, §32 (cor); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §7 (rev).]
2. Post-sentencing proceeding. Incarceration or increased incarceration imposed pursuant to a post-sentencing proceeding following a criminal judgment,
although the criminal judgment itself is not challenged; or
[1979, c. 701, §15 (new).]
3. Present indirect impediment. Present restraint or impediment resulting indirectly from the challenged criminal judgment of this State:
A. Incarceration imposed in this State, in another state or in a Federal Court pursuant to a sentence for a subsequent criminal
judgment for a crime punishable by incarceration for a year or more, the length of the incarceration being greater than it
would otherwise have been in the absence of the challenged criminal judgment of this State. The criminal judgment which is
challenged must be for a crime punishable by incarceration for a year or more. This requirement is not satisfied by a showing
only that the court imposing the present sentence was aware of the challenged criminal judgment or if it appears from the
length or seriousness of the person's total criminal record that the challenged criminal judgment, taking into account its
seriousness and date, could have little or no effect on the length of incarceration under the subsequent sentence;
[1985, c. 209, §3 (amd).]
B. A pending trial or incarceration pursuant to a sentence following a criminal judgment in this State, in another state or
in a Federal Court for a crime, the degree of which or the potential penalty of which is increased as a result of the challenged
criminal judgment of this State. This requirement is not satisfied unless:
(1) The subsequent crime, as enhanced, is, in the case of a crime in this State, punishable by incarceration of one year
or more or, in the case of a crime in another jurisdiction, is a felony or an infamous crime; and
(2) If a sentence for the subsequent crime has been imposed, the length of that sentence actually exceeds the amount of incarceration
which could have been imposed for the subsequent crime had its potential penalty not been enhanced by the challenged criminal
judgment; or
[1979, c. 701, §15 (new).]
C. A pending trial or any of the restraints or impediments specified in subsection 1 following a criminal judgment in this
State, another state or in a Federal Court for a crime for which proof of the criminal judgment of this State that is challenged
constitutes an element of the subsequent crime.
[1979, c. 701, §15 (new).]
[1985, c. 209, §3 (amd).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1983,
Ch. 235,
§4,5
(AMD).
PL 1985,
Ch. 209,
§3
(AMD).
PL 1995,
Ch. 286,
§3
(AMD).
RR 1995,
Ch. 2,
§32
(COR).
PL 1997,
Ch. 399,
§2
(AMD).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2003,
Ch. 689,
§B7
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2125. Ground for relief
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2125. Ground for relief
A person who satisfies the prerequisites of section 2124 may show that the challenged criminal judgment or sentence is unlawful
or unlawfully imposed, or that the impediment resulting from the challenged post-sentencing procedure is unlawful, as a result
of any error or ground for relief, whether or not of record, unless the error is harmless or unless relief is unavailable
for a reason provided in section 2126 or 2128.
[1981, c. 238, § 2 (amd).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1981,
Ch. 238,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2126. Exhaustion
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2126. Exhaustion
A person under restraint or impediment specified in section 2124 must also demonstrate that he has previously exhausted remedies
incidental to proceedings in the trial court, on appeal or administrative remedies. A person who has taken an appeal from
a judgment of conviction or a juvenile adjudication is not precluded from utilizing the remedy of this chapter while the appeal
is pending, provided that the post-conviction review proceeding is automatically stayed pending resolution of the appeal unless
the Appellate Court on motion and for good cause otherwise directs.
[1985, c. 556, § 2 (amd).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1981,
Ch. 238,
§3
(AMD).
PL 1985,
Ch. 556,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2127. Mootness (REPEALED)
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2127. Mootness (REPEALED)
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1981,
Ch. 238,
§4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2128. Waiver of grounds for relief
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2128. Waiver of grounds for relief
A person under restraint or impediment specified in section 2124 shall demonstrate that relief is not unavailable on the basis
of waiver as described in subsections 1 to 5.
[1983, c. 235, §6 (new).]
1. Errors claimable on direct appeal. Errors at the trial which have been or could have been raised on a direct appeal, whether or not such an appeal was taken,
may not be raised in an action for post-conviction review under this chapter; provided that if the failure of the convicted
or adjudicated person to take an appeal or to raise certain issues on appeal is excusable and the errors not appealed may
result in reversal of the criminal judgment, the court may order that an appeal be taken as provided in section 2130.
[1979, c. 701, §15 (new).]
2. Errors claimable in federal habeas corpus. The assertion of a right under the Constitution of the United States shall not be held waived by its nonassertion at trial
or on appeal if the assertion of the right would be held not waived in a federal habeas corpus proceeding brought by the convicted
or adjudicated person, pursuant to the United States Code, Title 28, sections 2241 to 2254.
[1979, c. 701, §15 (new).]
3. Waiver of grounds not raised. All grounds for relief from a criminal judgment or from a post-sentencing proceeding shall be raised in a single post-conviction
review action and any grounds not so raised are waived unless the State or Federal Constitution otherwise require or unless
the court determines that the ground could not reasonably have been raised in an earlier action.
[1979, c. 701, §15 (new).]
4. Prior challenges. A person who has previously challenged a criminal judgment or a post-sentencing proceeding under former Title 14, sections
5502 to 5508 or its predecessors shall not challenge the criminal judgment or post-sentencing proceeding by post-conviction
review unless the court determines that a ground claimed in the action for post-conviction review could not reasonably have
been raised in the earlier action.
[1987, c. 402, Pt. A, §110 (amd).]
5. Filing deadline for direct impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal
judgment under section 2124, subsection 1 or 1-A. The limitation period runs from the latest of the following:
A. The date of final disposition of the direct appeal from the underlying criminal judgment or the expiration of the time for
seeking the appeal;
[1997, c. 399, §3 (new); §5 (aff).]
B. The date on which the constitutional right, state or federal, asserted was initially recognized by the Law Court or the
Supreme Court of the United States, if the right has been newly recognized by that highest court and made retroactively applicable
to cases on collateral review; or
[1997, c. 399, §3 (new); §5 (aff).]
C. The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise
of due diligence.
[1997, c. 399, §3 (new); §5 (aff).]
The time during which a properly filed petition for writ of certiorari to the Supreme Court of the United States with respect
to the same criminal judgment is pending is not counted toward any period of limitation under this subsection.
[1997, c. 399, §3 (rpr); §5 (aff).]
6. Filing deadline for indirect impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal
judgment under section 2124, subsection 3. The limitation period runs from the date of imposition of a sentence for the new
crime resulting in the indirect impediment.
[1997, c. 399, §4 (new): §5 (aff).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1983,
Ch. 235,
§6
(AMD).
PL 1987,
Ch. 402,
§A110
(AMD).
PL 1995,
Ch. 286,
§4
(AMD).
PL 1997,
Ch. 399,
§3,4
(AMD).
PL 1997,
Ch. 399,
§5
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2129. Petition and procedure
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2129. Petition and procedure
1. Filing of petition. Petitions shall be filed as follows.
A. A proceeding for post-conviction review shall be commenced by filing a petition in the Superior Court in the county specified
in section 2123.
[1981, c. 238, §5 (new).]
B. If the petitioner desires to have counsel appointed, he shall file an affidavit of indigency in the form prescribed by the
Supreme Judicial Court. If the petitioner is incarcerated, the affidavit shall be accompanied by a certificate of the appropriate
officer of the institution in which the petitioner is incarcerated as to the amount of money or securities on deposit to the
petitioner's credit in any account in the institution. The failure to include an affidavit of indigency with the petition
does not bar the court from appointing counsel upon a subsequent filing of an affidavit of indigency.
[1981, c. 238, §5 (new).]
C. Once the petition has been filed, the clerk shall forward a copy of the petition and any separate documents filed with it
to the Chief Justice of the Superior Court and to the prosecutorial office that earlier represented the State in the underlying
criminal or juvenile proceeding.
[2003, c. 29, §3 (amd).]
[2003, c. 29, §3 (amd).]
2. Assignment of case.
[2003, c. 29, §4 (rp).]
3. Representation of respondent. In all proceedings for postconviction review, the State may be represented by the prosecutorial office that earlier represented
the State in the underlying criminal or juvenile proceeding. On a case-by-case basis, a different prosecutorial office may
represent the State on agreement between the 2 prosecutorial offices.
[1991, c. 622, Pt. D (rpr).]
4. Bail pending disposition of petition. Pending final disposition, the assigned justice may order the release of the petitioner on bail at such time and under such
circumstances and conditions as the Supreme Judicial Court shall by rule provide.
[1981, c. 238, §5 (rpr).]
5. Procedure in proceedings pursuant to this chapter. In all respects not covered by statute, the procedure in proceedings under this chapter is as the Supreme Judicial Court
provides by rule.
[2003, c. 29, §5 (amd).]
6. Amendment to petition.
[1981, c. 238, §5 (rp).]
7. Representation of respondent.
[1981, c. 238, §5 (rp).]
8. Response.
[1981, c. 238, §5 (rp).]
9. Discovery.
[1981, c. 238, §5 (rp).]
10. Determination by court; hearing.
[1981, c. 238, §5 (rp).]
11. Bail pending dispostion of petition.
[1981, c. 238, §5 (rp).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1981,
Ch. 238,
§5
(RPR).
PL 1983,
Ch. 688,
§9
(AMD).
PL 1985,
Ch. 209,
§4
(AMD).
PL 1985,
Ch. 556,
§3
(AMD).
PL 1991,
Ch. 622,
§D
(AMD).
PL 2003,
Ch. 29,
§3-5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2130. Relief
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2130. Relief
If the court determines that relief should be granted, it shall order appropriate relief, including: Release from incarceration
or other restraint; reversal of the criminal judgment, including one entered upon a plea of guility or nolo contendere; entry
of judgment for a lesser included offense; reversal of another order or decision, with or without affording the State or other
party a new hearing; granting the right to take an appeal from the criminal judgment; correction of errors appearing as a
matter of record; resentencing or a new sentence; and entry of an order altering the amount of time that a person incarcerated
under a sentence has served or must serve. The judgment making final disposition shall be a final judgment for purposes of
review by the Law Court. When relief is granted to the petitioner and release is appropriate, the justice may release a petitioner
on bail pending appeal.
[1981, c. 238, §6 (amd).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1981,
Ch. 238,
§6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2131. Review of final judgment
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2131. Review of final judgment
A final judgment entered under section 2130 may be reviewed by the Supreme Judicial Court sitting as the Law Court.
[2003, c. 17, §4 (rpr).]
1. Appeal by petitioner. A petitioner aggrieved by the final judgment may not appeal as of right. The time for taking the appeal and the manner
and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
[2003, c. 17, §4 (rpr).]
2. Appeal by State. The State aggrieved by the final judgment may appeal as of right and no certificate of approval by the Attorney General
is required. The time for taking the appeal and the manner and any conditions for the taking of an appeal are as the Supreme
Judicial Court provides by rule.
[2003, c. 17, §4 (rpr).]
3. Procedure on appeal.
[2003, c. 17, §4 (rp).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1981,
Ch. 238,
§7,8
(AMD).
PL 2003,
Ch. 17,
§4
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §2132. Applicability
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
§2132. Applicability
Both the substantive and procedural provisions of this chapter shall apply to any action for post-conviction review commenced
after the effective date of this chapter. In the case of any action under former Title 14, sections 5502 to 5508 or any other
action for collateral review of a conviction or of consequences resulting from a criminal judgment which was commenced prior
to the effective date of this chapter and which is pending on the effective date, the petition may be amended to assert any
basis for jurisdiction under section 2124 or any grounds for relief not available under prior law; provided that failure to
do so shall not constitute waiver pursuant to section 2128, subsection 3. In any pending action brought under prior law, the
court in its discretion may apply any of the procedural provisions of this chapter.
[1987, c. 402, Pt. A, § 111 (amd).]
Section History:
PL 1979,
Ch. 701,
§15
(NEW).
PL 1987,
Ch. 402,
§A111
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
|
|
|
|
