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USA Statutes : maine
Title : Title 15. COURT PROCEDURE -- CRIMINAL
Chapter : Chapter 306-A. SUPREME JUDICIAL COURT SENTENCE REVIEW (HEADING. PL 1989, c. 218, @5 (new))
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Title 15 - §2151. Application to the Supreme Judicial Court by defendant for review of certain sentences
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW (HEADING: PL 1989, c. 218, @5 (new))
§2151. Application to the Supreme Judicial Court by defendant for review of certain sentences
In cases arising in the District Court or the Superior Court in which a defendant has been convicted of a criminal offense
and sentenced to a term of imprisonment of one year or more, the defendant may apply to the Supreme Judicial Court, sitting
as the Law Court, for review of the sentence, except:
[1997, c. 354, §1 (amd).]
1. Different term could not be imposed. In any case in which a different term of imprisonment could not have been imposed;
[1999, c. 731, Pt. ZZZ, §23 (amd); §42 (aff).]
2. Plea agreements. In any case in which the particular disposition involving imprisonment was imposed as a result of a court accepting a recommendation
of the type specified in the Maine Rules of Criminal Procedure, Rule 11A, subsection (a)(2) or (a)(4); or
[1999, c. 731, Pt. ZZZ, §23 (amd); §42 (aff).]
3. Restitution. As limited by Title 17-A, section 1330-A.
[1999, c. 731, Pt. ZZZ, §24 (new); §42 (aff).]
Section History:
PL 1989,
Ch. 218,
§5
(NEW).
PL 1997,
Ch. 354,
§1
(AMD).
PL 1999,
Ch. 731,
§ZZZ23,24
(AMD).
PL 1999,
Ch. 731,
§ZZZ42
(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 - §2152. Sentence Review Panel of the Supreme Judicial Court
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW (HEADING: PL 1989, c. 218, @5 (new))
§2152. Sentence Review Panel of the Supreme Judicial Court
There shall be a Sentence Review Panel of the Supreme Judicial Court to consider applications for leave to appeal from sentence,
and no appeal of the sentence may proceed before the Supreme Judicial Court unless leave to appeal is first granted by the
panel. The Sentence Review Panel shall consist of 3 justices of the Supreme Judicial Court to be designated from time to
time by the Chief Justice of the Supreme Judicial Court. No justice may sit or act on an appeal from a sentence imposed by
that justice. Leave to appeal shall be granted if any one of the 3 panelists votes in favor of granting leave. If leave
to appeal is denied, the decision of the panel shall be final and subject to no further review.
[1989, c. 218, §5 (new).]
Section History:
PL 1989,
Ch. 218,
§5
(NEW).
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 - §2153. Procedure for application
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW (HEADING: PL 1989, c. 218, @5 (new))
§2153. Procedure for application
The time for filing an application for leave to appeal and the manner and any conditions for the taking of the appeal shall
be as the Supreme Judicial Court shall by rule provide.
[1989, c. 218, §5 (new).]
Section History:
PL 1989,
Ch. 218,
§5
(NEW).
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 - §2154. Purposes of sentence review by Supreme Judicial Court
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW (HEADING: PL 1989, c. 218, @5 (new))
§2154. Purposes of sentence review by Supreme Judicial Court
The general objectives of sentence review by the Supreme Judicial Court are:
[1989, c. 218, §5 (new).]
1. Sentence correction. To provide for the correction of sentences imposed without due regard for the sentencing factors set forth in this chapter;
[1991, c. 525, §1 (rpr).]
2. Promote respect for law. To promote respect for law by correcting abuses of the sentencing power and by increasing the fairness of the sentencing
process;
[1989, c. 218, §5 (new).]
3. Rehabilitation. To facilitate the possible rehabilitation of an offender by reducing manifest and unwarranted inequalities among the sentences
of comparable offenders; and
[1989, c. 218, §5 (new).]
4. Sentencing criteria. To promote the development and application of criteria for sentencing which are both rational and just.
[1989, c. 218, §5 (new).]
Section History:
PL 1989,
Ch. 218,
§5
(NEW).
PL 1991,
Ch. 525,
§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 - §2155. Factors to be considered by Supreme Judicial Court
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW (HEADING: PL 1989, c. 218, @5 (new))
§2155. Factors to be considered by Supreme Judicial Court
In reviewing a criminal sentence, the Supreme Judicial Court shall consider:
[1991, c. 525, §2 (amd).]
1. Propriety of sentence. The propriety of the sentence, having regard to the nature of the offense, the character of the offender, the protection
of the public interest, the effect of the offense on the victim and any other relevant sentencing factors recognized under
law; and
[1991, c. 525, §2 (amd).]
2. Manner in which sentence was imposed. The manner in which the sentence was imposed, including the sufficiency and accuracy of the information on which it was
based.
[1989, c. 218, §5 (new).]
Section History:
PL 1989,
Ch. 218,
§5
(NEW).
PL 1991,
Ch. 525,
§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 - §2156. Relief
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW (HEADING: PL 1989, c. 218, @5 (new))
§2156. Relief
1. Substitution of sentence or remand.
[1991, c. 525, §3 (rp).]
1-A. Remand. If the Supreme Judicial Court determines that relief should be granted, it must remand the case to the court that imposed
the sentence for any further proceedings that could have been conducted prior to the imposition of the sentence under review
and for resentencing on the basis of such further proceedings provided that the sentence is not more severe than the sentence
appealed.
[1991, c. 525, §4 (new).]
2. Affirmation of sentence. If the Supreme Judicial Court determines that relief should not be granted, it shall affirm the sentence under review.
[1989, c. 218, §5 (new).]
Section History:
PL 1989,
Ch. 218,
§5
(NEW).
PL 1991,
Ch. 525,
§3,4
(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 - §2157. Sentence not stayed nor bail authorized for sentence appeal
Title 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 306-A: SUPREME JUDICIAL COURT SENTENCE REVIEW (HEADING: PL 1989, c. 218, @5 (new))
§2157. Sentence not stayed nor bail authorized for sentence appeal
1. Execution of sentence not stayed. An appeal under this chapter shall not stay the execution of a sentence.
[1989, c. 218, §5 (new).]
2. Bail unavailable. Bail has no application to an appeal under this chapter.
[1989, c. 218, §5 (new).]
Section History:
PL 1989,
Ch. 218,
§5
(NEW).
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
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