CHAPTER 17

H.P. 216 - L.D. 273

An Act To Modify Certain Criminal Appeal Statutes in View of

the New Maine Rules of Appellate Procedure

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 15 MRSA §210-A, as amended by PL 1997, c. 181, §2, is further amended to read:

§210-A. Procedure at hearing

At the hearing on the petition contesting extradition, if the Governor's warrant and the demand comply with the provisions of this chapter, the petitioner has the burden of proving by clear and convincing evidence that the petitioner has not been charged with a crime in the demanding state and that the petitioner is not a fugitive from justice. If the name of the petitioner is the same as that of the person named in the Governor's warrant, the petitioner has the burden of proving, by clear and convincing evidence, that the petitioner is not the person whom the demanding state is seeking to extradite. If the names are not identical, the respondent State has the burden of proving by a preponderance of the evidence that the petitioner is the person sought to be extradited by the demanding state. The following are conclusive on the issue of probable cause:

1. Indictment. An indictment or an information issued upon a waiver of indictment; or