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:
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
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 Court. An appeal must be taken within 7 days after entry of the order that is being appealed.
1. Appeal by petitioner. A petitioner aggrieved by the order may not appeal as of right. The manner and any conditions for the taking of an appeal are as the Supreme Judicial Court provides by rule.
2. Appeal by State. The State aggrieved by the order may appeal as of right and no certificate of approval by the Attorney General is required. The manner and any conditions for the taking of an appeal are as the Supreme Judicial Court provides by rule.
Sec. 3. 15 MRSA §2115-B, as corrected by RR 1999, c. 2, §16 and affected by §17, is amended to read:
§2115-B. Appeal by aggrieved contemnor
1. Summary contempt proceedings involving punitive sanctions. In a summary contempt proceeding involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, instituted under either the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66, before a Judge of the District Court or Probate Court or a Justice of the Superior Court or the Supreme Judicial Court, a contemnor who is aggrieved by an order and imposition of a punitive sanction may appeal to the Supreme Judicial Court sitting as the Law Court, as provided under section 2111 or 2115 and the applicable Maine Rules of Criminal Appellate Procedure.
2. Plenary contempt proceedings involving punitive sanctions. In a plenary contempt proceeding involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, instituted under either the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66, any contemnor aggrieved by an adjudication and imposition of a punitive sanction may appeal to the Supreme Judicial Court sitting as the Law Court, as provided under section 2111 or 2115 and the applicable Maine Rules of Criminal Appellate Procedure.
Sec. 4. 15 MRSA §2131, as amended by PL 1981, c. 238, §§7 and 8, is repealed and the following enacted in its place:
§2131. Review of final judgment
A final judgment entered under section 2130 may be reviewed by the Supreme Judicial Court sitting as the Law Court.
1. Appeal by petitioner. A petitioner aggrieved by the final judgment may not appeal as of right. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
2. Appeal by State. The State aggrieved by the final judgment may appeal as of right and no certificate of approval by the Attorney General is required. The time for taking the appeal and the manner and any conditions for the taking of an appeal are as the Supreme Judicial Court provides by rule.
Sec. 5. 17-A MRSA §1207, sub-§2, as enacted by PL 1997, c. 273, §3, is amended to read:
2. Superior Court proceeding. In a probation revocation proceeding in the Superior Court, a person whose probation is revoked may not appeal as of right. The time, manner and specific conditions for taking that appeal to the Law Court are as the Supreme Judicial Court provides in the Maine Rules of Criminal Procedure. The time for taking the appeal and the manner and any conditions for the taking of the appeal are as the Supreme Judicial Court provides by rule.
Effective September 13, 2003, unless otherwise indicated.
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