An Act To Amend Appellate Review Jurisdiction of the Superior Court
Maine Legislature, Session 122, LD 0985
Committee: Judiciary
Amends: 15 MRSA §1

Legislative Document 
No. 985 
H.P.695 
House of Representatives, February 24, 2005 
An Act To Amend Appellate Review Jurisdiction of the Superior 
Court 
Reported by Representative PELLETIER-SIMPSON of Auburn for the Criminal Law 
Advisory Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, 
subsection 2. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
Printed on recycled paper 
17/~ /h.1lld£;:fdad 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §1, sub-§2, as enacted by PL 1999, c. 731, Pt. 
ZZZ, §9 and affected by §42, is amended to read: 
2. 
Appellate and review jurisdiction. 
The Superior Court 
has jurisdiction to hear appeals and petitions 
e~ from only the 
District Court. 
Its jurisdiction is limited to the following: 
A. 
Petitions pursuant to section 1028: 
B. 
Petitions pursuant to section 1029: 
C. 
Appeals pursuant to section 1097; 
D. 
Appeals pursuant to section 3402: 
E. 
Appeals pursuant to section 2111 
and Maine Rules of 
Criminal Procedure, Rule 35(f); aBa 
F. 
Appeals pursuant to Title 17-A, section 1207, subsection 
~ and Maine Rules of Criminal Procedure, Rule a7~T 36; 
G. 
Appeals pursuant to Title l7-A, section 1233 and Maine 
Rules of Criminal Procedure, Rule 36; 
H. 
Appeals pursuant to Title 17-A, section 1349-F and Maine 
Rules of Criminal Procedure, Rule 36; and 
I. 
Appeals pursuant to section 2111 and Maine Rules of 
Criminal Procedure, Rule 44A(c). 
J4 
SUMMARY 
This bill adds 
the following 
appeals 
to the list of 
appeals to the Superior Court by an aggrieved defendant: 
an 
appeal 
from 
a 
revocation of 
supervised release ruling in 
a 
revocation of supervised release proceeding in the District Court 
pursuant to the Maine Revised Statutes, Title 17-A, section 1233 
and Rule 36 of the Maine Rules of Criminal Procedure: an appeal 
from 
a 
revocation 
of 
administrative 
release 
ruling 
in 
a 
revocation of administrative release proceeding in the District 
Court pursuant to Title 17-A, section 1349-F and Rule 36 of the 
Maine Rules of Criminal Procedure: and an appeal from the denial 
in the District Court of a petition by a petitioner seeking to be 
declared indigent for purposes of assignment of counsel on appeal 
or from the granting of a conditional order pursuant to Title 15, 
section 
2111 and Maine Rules of Criminal Procedure, Rule 44A(c). 
The first of the 3 added appeals was enacted as part of the 
sentencing alternative of supervised release for sex offenders. 
The 
2nd of the 
added appeals was 
enacted as part of the 
sentencing alternative of administrative release. 
The 3rd of the 
added appeals was inadvertently omitted when Title 15, section 
was rewritten to capture each of the then-existing appeals and 
petitions. 
This bill replaces the outdated reference to abrogated Rule 
37F of the Maine Rules of Criminal Procedure with Rule 36 of the 
Maine Rules of Criminal Procedure. 
This bill also codifies what 
is currently done by implication alone, that the Superior Court's 
jurisdiction to hear appeals and petitions is limited to only the 
appeals and petitions from the District Court that are specified 
in Title 15, section 1, subsection 2.