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Judicial Court provides by rule. The State may appeal as a matter | of right from a court decision to grant the person a new trial to | the Supreme Judicial Court, sitting as the Law Court. The time, | manner and specific conditions for taking that appeal to the | Supreme Judicial Court, sitting as the Law Court, are as the | Supreme Judicial Court provides by rule. |
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| | 12. Exhaustion. A person petitioner who has taken a direct | appeal from the judgment of conviction is not precluded from | utilizing the remedy of this chapter while the appeal is pending, | provided that the resolution of the motion is automatically | stayed pending final disposition of the direct appeal unless the | Supreme Judicial Court, sitting as the Law Court, on motion | otherwise directs. |
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| A person petitioner who has initiated a collateral attack upon | the judgment of conviction under chapter 305-A is not precluded | from utilizing the remedy of this chapter while that post- | conviction review proceeding is pending, provided that resolution | of the motion is automatically stayed pending final disposition | of the post-conviction review proceeding unless the assigned | justice in the post-conviction review proceeding otherwise | directs. |
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| | 13. Victim notification. When practicable, the attorney for | the State shall make a good faith effort to give written notice | of a motion under this section to the victim of the person | described in subsection 1 petitioner or to the victim's family if | the victim is deceased. The notice must be by first-class mail | to the victim's last known address. Upon the victim's request, | the attorney for the State shall give the victim notice of the | time and place of any hearing on the motion and shall inform the | victim of the court's grant or denial of a new trial to the | person order made pursuant to subsection 10. |
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| | 14. Preservation of biological evidence. Effective October | 15, 2001, the investigating law enforcement agency shall preserve | any biological evidence identified during the investigation of a | crime or crimes for which any person may file a postjudgment of | conviction motion for DNA analysis under this section. The | evidence must be preserved for the period of time that any person | is incarcerated in connection with that case. |
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| Effective October 1, 2006, the investigating law enforcement | agency shall preserve any biological evidence identified during | the investigation of a crime or crimes for which any person may | file a postjudgment of conviction motion for DNA analysis under | this section. The evidence must be preserved for the period of | time that any person remains incarcerated, on probation, civilly |
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