LD 273
pg. 2
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LR 814
Item 1

 
2. Judicial determination of probable cause. An information or
other formal charging instrument or an arrest warrant issued on
a determination of probable cause by a judicial officer in the
demanding state.

 
Affidavits, including any affidavits supplied pursuant to
the provisions of section 203 or in support of an application
for requisition, and any other hearsay evidence that may be
deemed reliable by the court, are admissible at the hearing on
the petition contesting extradition, for the purpose of
showing that the petitioner is charged with a crime in the
demanding state, that there is probable cause, that the
petitioner is in fact the person charged with the crime and
that the petitioner is a fugitive from justice.

 
The order or judgment making final disposition of the
petition constitutes a final judgment for the purpose of
review. A final judgment entered under this section may be
reviewed by the Supreme Judicial Court sitting as the Law
Court. An appeal may be taken within 10 days after entry of
the order or judgment appealed from. An appeal by the
petitioner may not proceed unless the Law Court issues a
certificate of probable cause. The filing of the notice of
appeal is deemed to constitute a request for a certificate of
probable cause. Upon the filing of a notice of appeal, the
presiding judge shall prepare a statement of the facts of the
proceedings in the District Court, which must be forwarded to
the Law Court. In the presiding judge's discretion and upon a
finding that special circumstances exist, the presiding
judge, in lieu of preparing a statement of facts, may order
that a transcript of all or part of the proceedings in the
District Court be prepared and transmitted to the Law Court.
The statement of facts or the transcript must be returned to
the District Court with the order of the court. Denial of the
certificate constitutes finality of the proceedings. An
appeal after the issuance of a certificate of probable cause
to the petitioner or an appeal taken by the State, in which
case no certificate of probable cause is necessary, may be
taken in the same manner as an appeal of a criminal conviction
by a defendant except that the appeal must be made directly to
the Law Court. The provisions of section 2115-A do not apply.

 
Sec. 2. 15 MRSA §210-B is enacted to read:

 
§210-B. Review of final judgment by Law Court

 
The order making final disposition of the petition
contesting extradition constitutes a final judgment for the
purpose of review.__A final judgment entered under this
section may be reviewed by the Supreme Judicial Court sitting
as the Law


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