LD 273
pg. 4
Page 3 of 4 An Act To Modify Certain Criminal Appeal Statutes in View of the New Maine Rule... LD 273 Title Page
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LR 814
Item 1

 
SUMMARY

 
This bill makes changes in 4 separate criminal appeal
statutes in response to the Supreme Judicial Court's adoption
of the Maine Rules of Appellate Procedure, effective January
1, 2001, and in response to Public Law 2001, chapter 17,
effective September 2001. Specifically, the changes are as
follows.

 
1. The Maine Revised Statutes, Title 15, section 210-A
currently addresses both the hearing procedure and appellate
review procedure relative to a petition contesting
extradition. It has been amended to remove the appellate
review procedure. The latter procedure, significantly
abbreviated, has been moved into a new section 210-B. New
section 210-B sets a 7-day time period for initiating an
appeal and provides separate treatment for a petitioner-
initiated appeal and a State-initiated appeal. The manner and
conditions for the taking of an appeal are no longer addressed
in the statute; instead, that procedure is left to the Supreme
Judicial Court to provide by rule.

 
2. Title 15, section 2115-B has been amended to replace the
current reference to the Maine Rules of Criminal Procedure
with a reference to the Maine Rules of Appellate Procedure.

 
3. Title 15, section 2131 addresses appellate review from a
final judgment in a post-conviction review proceeding. It is
amended to direct the Supreme Judicial Court to provide by
rule for the time, manner and conditions for the taking of the
appeal. The statute continues to treat an appeal by the State
as "of right" while that of a petitioner is treated as
"conditional."

 
4. Title 17-A, section 1207, subsection 2 is modified to
conform its language to that used in Public Law 2001, chapter
17.


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