reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1462. Summons to testify in another state

§1462. Summons to testify in another state
A judge of the state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this State, may certify that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, that a person who is confined in a penal institution in this State may be a material witness in the proceeding, investigation or action, and that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the Attorney General, the judge in this State shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1463. Court order

§1463. Court order
If at the hearing the judge determines that the witness may be material and necessary, that his attending and testifying are not adverse to the interests of this State or to the health or legal rights of the witness, that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, directing the witness to attend and testify, directing the person having custody of the witness to produce him, in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and prescribing such conditions as the judge shall determine.   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1464. Terms and conditions

§1464. Terms and conditions
The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1465. Exceptions

§1465. Exceptions
This subchapter does not apply to any person in this State confined as mentally ill.   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1466. Summon to testify in this State

§1466. Summon to testify in this State
If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this State, a judge of the court may certify that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, that a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation or action, and that his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1467. Compliance

§1467. Compliance
The judge of the court in this State may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1468. Exemption from arrest and service of process

§1468. Exemption from arrest and service of process
If a witness from another state comes into or passes through this State under an order directing him to attend and testify in this or another state, he shall not while in this State pursuant to the order be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this State under the order.   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1469. Uniformity of interpretation

§1469. Uniformity of interpretation
This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1470. Short title

§1470. Short title
This subchapter may be cited as the "Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act."   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 3: TRIALS › Chapter 205: WITNESSES › Subchapter 4: PRISONERS AS WITNESSES › 15 §1471. Severability clause

§1471. Severability clause
If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable.   [PL 1967, c. 317 (NEW).]
SECTION HISTORY
PL 1967, c. 317 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1701. Effect of bail following conviction and commitment (REPEALED)

§1701. Effect of bail following conviction and commitment
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §54 (RPR). PL 1983, c. 333 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1701-A. Credit for confinement prior to sentencing (REPEALED)

§1701-A. Credit for confinement prior to sentencing
(REPEALED)
SECTION HISTORY
PL 1973, c. 144 (NEW). PL 1975, c. 499, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1701-B. Post-conviction bail (REPEALED)

§1701-B. Post-conviction bail
(REPEALED)
SECTION HISTORY
PL 1985, c. 743 (NEW). PL 1987, c. 758, §21 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1702. No punishment until conviction; costs

§1702. No punishment until conviction; costs
1.  No punishment before conviction.
A person may not be punished for an offense until convicted of that offense in a court having jurisdiction over the person and case.
[PL 2003, c. 182, §1 (NEW).]
2.  Costs included in sentence.
If a person is convicted and the court imposes a fine, the court:
A. May sentence the defendant to pay the costs of prosecution;   [PL 2003, c. 182, §1 (NEW).]
B. May sentence the defendant to pay, as restitution, the costs of drug tests, other than tests under Title 29‑A, administered to the defendant by a law enforcement officer or medical personnel at the request of a law enforcement officer. The court shall transfer all amounts paid by a defendant under this paragraph to the municipal, county or state agency that incurred the costs; and   [PL 2003, c. 182, §1 (NEW).]
C. Shall, if the case is prosecuted in District Court, sentence the defendant to pay a fine sufficient to cover the costs as provided in Title 4, section 173. This paragraph does not apply to defendants prosecuted for violations of Title 26, chapter 7, subchapter 1‑B or for violations of Title 28‑A, sections 2078 and 2223.   [PL 2003, c. 182, §1 (NEW).]
[PL 2003, c. 182, §1 (NEW).]
SECTION HISTORY
PL 1965, c. 356, §55 (AMD). PL 1975, c. 499, §3 (AMD). PL 1987, c. 45, §B2 (AMD). PL 1987, c. 737, §§C29,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 2003, c. 182, §1 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1702-A. Fingerprints required on certain sentences (REPEALED)

§1702-A. Fingerprints required on certain sentences
(REPEALED)
SECTION HISTORY
PL 1975, c. 398 (NEW). PL 1975, c. 668 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1703. State Prison sentence; imprisonment for misdemeanor (REPEALED)

§1703. State Prison sentence; imprisonment for misdemeanor
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1704. Commitment in county where convicted

§1704. Commitment in county where convicted
Any person sentenced by the District Court to a term of imprisonment in a jail, not exceeding 4 months, shall be committed to the jail in the county in which such person is convicted, provided such county has a suitable jail, otherwise such commitment may be to any jail in the State.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1705. Expenses of prisoners from other counties

§1705. Expenses of prisoners from other counties
If a person commits a crime in one county of the State and is sentenced to a term of imprisonment in a jail in a different county, the county in which the crime was committed shall pay to the other county such sum as may be agreed upon by the county commissioners of the counties for the costs of care and custody, deducting the amount received for labor. If the commissioners do not agree upon the amount to be paid, representation of the facts may be made to the Superior Court or any justice of the Superior Court, and the amount shall be determined by the court or justice, either in term time or vacation.   [PL 1985, c. 242 (RPR).]
SECTION HISTORY
PL 1985, c. 242 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1706. Sureties to keep peace for misdemeanor

§1706. Sureties to keep peace for misdemeanor
In addition to the punishment prescribed by law, the court may require any person convicted of an offense not punishable by imprisonment in the State Prison to recognize to the State, with sufficient sureties, in a reasonable sum, to keep the peace and be of good behavior for a term not exceeding 2 years, and to stand committed until he so recognizes.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1707. Record to designated facility

§1707. Record to designated facility
Whenever a person is convicted of a crime and sentenced to a term of imprisonment that is to be served in the custody of the Department of Corrections, the clerk of the court shall make and forward to the head of the correctional facility designated as the initial place of confinement by the Commissioner of Corrections pursuant to Title 17‑A, section 2304, a record containing copies of the docket entries and charging instrument, together with a statement of any fact or facts that the presiding justice may determine to be important or necessary for a full comprehension of the case. This record must be delivered to the head of the designated correctional facility within 10 days of the date the prisoner is received at that facility. At the time a person, so sentenced, is delivered to the designated correctional facility, a copy of the judgment and commitment must be given to the receiving officer at that facility.   [PL 2019, c. 113, Pt. C, §36 (AMD).]
SECTION HISTORY
PL 1977, c. 114, §28 (RPR). PL 1987, c. 616 (RPR). PL 2019, c. 113, Pt. C, §36 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1708. Error in sentence (REPEALED)

§1708. Error in sentence
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §56 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1709. Motion for new trial; newly discovered evidence (REPEALED)

§1709. Motion for new trial; newly discovered evidence
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §56 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 1: GENERAL PROVISIONS › 15 §1710. Transfer of persons under sentence to county jails for rehabilitative reasons (REPEALED)

§1710. Transfer of persons under sentence to county jails for rehabilitative reasons
(REPEALED)
SECTION HISTORY
PL 1973, c. 538 (NEW). PL 1975, c. 191, §1 (AMD). PL 1979, c. 541, §A140 (AMD). PL 1981, c. 493, §2 (AMD). PL 1989, c. 887, §1 (RPR). PL 1995, c. 368, §R1 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 2: PENALTIES AND DURATION OF TERM › 15 §1741. General penalty (REPEALED)

§1741. General penalty
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §2 (RP). PL 1975, c. 740, §2 (REEN). PL 1979, c. 663, §107 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 2: PENALTIES AND DURATION OF TERM › 15 §1742. Punishment when previous sentence to State Prison (REPEALED)

§1742. Punishment when previous sentence to State Prison
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 2: PENALTIES AND DURATION OF TERM › 15 §1743. Maximum and minimum terms (REPEALED)

§1743. Maximum and minimum terms
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 3: WORK-JAIL SENTENCES › 15 §1791. Work-jail sentences

§1791. Work-jail sentences
When the punishment provided by law may be imprisonment in the State Prison for 3 years or less, such punishment may be inflicted by the court, in its discretion, in any of the work-jails.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 3: WORK-JAIL SENTENCES › 15 §1792. Alternative sentences to work-jails; authority of inspectors over incorrigible or dangerous convicts

§1792. Alternative sentences to work-jails; authority of inspectors over incorrigible or dangerous convicts
When a convict is sentenced to imprisonment and labor in any of the work-jails, the court or judge may in addition sentence him to the other punishment provided by law for the same offense, with the condition that if such convict cannot be received at the work-jail to which he is sentenced, or if at any time before the expiration of said sentence, in the judgment of the inspectors of jails, he becomes incorrigible or unsafe, they may order that he suffer such alternative sentence or punishment. If said alternative sentence is to the State Prison, the sheriff of the county where such convict is imprisoned shall forthwith, upon receiving the order of said inspectors, cause said convict to be conveyed to the State Prison at the expense of the county where he was sentenced.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 3: WORK-JAIL SENTENCES › 15 §1793. Sentence to any work-jail nearest county of offense; prison sentence includes labor

§1793. Sentence to any work-jail nearest county of offense; prison sentence includes labor
The Superior Court and the District Court, in the county where a work-jail is situated or in any county where there is no work-jail, may, subject to section 1704, sentence any person convicted of an offense punishable by imprisonment to any of the work-jails nearest or most convenient to the county where the offense is committed, and all sentences of imprisonment shall include labor. The keeper of such work-jail shall receive and detain such prisoner in the same manner as if committed by a court sitting in the county where such work-jail is situated. Any officer of any county qualified to serve criminal precepts in his county may serve any precept required by this section and section 1792, whether such service is performed in whole or in part in one or more counties, and processes shall be issued and directed accordingly.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 4: EXECUTION OF SENTENCE › 15 §1841. Clerk's minutes authority to execute sentence (REPEALED)

§1841. Clerk's minutes authority to execute sentence
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §57 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 4: EXECUTION OF SENTENCE › 15 §1842. Sentence in default of payment of fine and costs (REPEALED)

§1842. Sentence in default of payment of fine and costs
(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 301: SENTENCES › Subchapter 4: EXECUTION OF SENTENCE › 15 §1843. Removal to State Prison; clothing

§1843. Removal to State Prison; clothing
When a convict is sentenced to confinement in the State Prison, the judgment of the court shall direct the sheriff of the county in which trial was had to cause such convict, without needless delay, to be removed from the county jail to the State Prison. All sheriffs and jail keepers shall strictly obey the directions of the judgment. The clerk, as soon as may be, shall deliver a certified copy of such judgment to the sheriff of the county, and he shall forthwith deliver it and the convict to said warden. The sheriff shall provide the convict with comfortable clothing in which to be removed to the State Prison.   [PL 1965, c. 356, §58 (AMD).]
SECTION HISTORY
PL 1965, c. 356, §58 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 1: GENERAL PROVISIONS › 15 §1901. Respondent not to be sentenced to pay costs of court as such

§1901. Respondent not to be sentenced to pay costs of court as such
The Superior Court shall not, in any criminal proceeding, sentence any respondent to pay costs of court as such, but may take costs into consideration and include in any fine imposed a sum adequate to cover all or any part of them without reference to such costs and without taxing them, provided the maximum fine for the particular offense is not exceeded.   [PL 1975, c. 775, §2 (RPR).]
SECTION HISTORY
PL 1975, c. 775, §2 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 1: GENERAL PROVISIONS › 15 §1902. Fines, forfeitures and criminal costs paid to State

§1902. Fines, forfeitures and criminal costs paid to State
All fines, forfeitures and costs in criminal cases shall be paid into the State Treasury.   [PL 1975, c. 735, §15-A (RPR).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD). PL 1975, c. 623, §§17-A (RPR). PL 1975, c. 735, §§15-A (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 1: GENERAL PROVISIONS › 15 §1903. Fines and forfeitures recovered by indictment unless otherwise provided

§1903. Fines and forfeitures recovered by indictment unless otherwise provided
All fines and forfeitures, imposed as punishment for offenses or for violations or neglects of statute duties may, when no other mode is expressly provided, be recovered by indictment. When no other appropriation is expressly made, they inure to the State.   [PL 1975, c. 623, §17-B (AMD).]
SECTION HISTORY
PL 1975, c. 623, §17-B (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 1: GENERAL PROVISIONS › 15 §1904. Inability to pay fine and costs; liberation (REPEALED)

§1904. Inability to pay fine and costs; liberation
(REPEALED)
SECTION HISTORY
PL 1965, c. 425, §10 (AMD). PL 1975, c. 499, §4 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 2: CLERKS OF COURT › 15 §1941. Duties of clerks as to certificates of fines

§1941. Duties of clerks as to certificates of fines
Clerks of court shall attest triplicate copies of certificates of all fees, fines and bail forfeitures imposed and accruing to the State at such intervals as the Chief Justice of the Supreme Judicial Court or his designee may direct, and deliver one of these copies to the State Auditor, to the Chief Justice or his designee and retain one in the clerk's office.   [PL 1977, c. 114, §29 (RPR).]
SECTION HISTORY
PL 1975, c. 383, §15 (AMD). PL 1975, c. 408, §31 (RPR). PL 1975, c. 735, §16 (RPR). PL 1977, c. 114, §29 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 2: CLERKS OF COURT › 15 §1942. Duty of clerks to collect fines and costs or to issue process for collection

§1942. Duty of clerks to collect fines and costs or to issue process for collection
Each clerk of court, in default of payment to him of fines, forfeitures and bills of costs, shall issue warrants of distress, or such other process therefor as the court finds necessary to enforce the execution of any order, sentence or judgment in behalf of the State, deliver them to the sheriff, or to such constable as the district attorney directs, and enter of record the name of the officer and the time when they are delivered to him.   [PL 1973, c. 567, §20 (AMD).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 2: CLERKS OF COURT › 15 §1943. Fines, costs and forfeitures in Superior Court

§1943. Fines, costs and forfeitures in Superior Court
Every clerk of a Superior Court shall render under oath a detailed account of all fines, costs and forfeitures upon convictions and sentences before the court and shall pay them into the State Treasury on or before the 15th day of the month following the collection of such fines, costs and forfeitures. Any person who fails to make such payments into the State Treasury forfeits, in each instance, double the amount so neglected to be paid over, to be recovered by indictment for the persons entitled to such fines, costs and forfeitures, and in default of payment, that person is guilty of a Class E crime.   [PL 2015, c. 44, §5 (AMD).]
SECTION HISTORY
PL 1975, c. 383, §16 (AMD). PL 1975, c. 408, §31 (RPR). PL 1979, c. 663, §108 (AMD). PL 2013, c. 16, §10 (REV). PL 2015, c. 44, §5 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 3: SHERIFFS AND OTHER OFFICERS › 15 §1981. Payment over of fines and costs collected

§1981. Payment over of fines and costs collected
Sheriffs, jailers and constables who by virtue of their office receive any fines or forfeitures, shall forthwith pay them to the Treasurer of State.   [PL 1977, c. 114, §30 (AMD).]
If any such officer neglects to pay over such fine or forfeiture for 30 days after the receipt thereof; or if he permits any person, sentenced to pay such fine or forfeiture and committed to his custody, to go at large without payment, unless by order of court, and does not within 30 days after the escape pay the amount thereof to the clerk of the court, he forfeits to the State double the amount. The Treasurer of State shall give notice of such neglect to the Attorney General, who shall sue therefor in a civil action in the name of such treasurer.   [PL 1977, c. 114, §31 (AMD).]
All such fines imposed by the District Court shall be paid over to the District Court.
SECTION HISTORY
PL 1973, c. 567, §20 (AMD). PL 1975, c. 383, §17 (AMD). PL 1975, c. 408, §32 (AMD). PL 1975, c. 735, §17 (AMD). PL 1977, c. 114, §§30,31 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 3: SHERIFFS AND OTHER OFFICERS › 15 §1982. Receipts for process for recovery of fines

§1982. Receipts for process for recovery of fines
Every sheriff or other officer to whom any process for the recovery of such fine, forfeiture or costs is committed by the clerk of courts shall, at the next session of the court in the same county, produce a receipt in full for the same or assign a satisfactory excuse for not so doing. In case of neglect, the court shall order a prosecution to be commenced therefor by the district attorney.   [PL 1973, c. 567, §20 (AMD).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 3: SHERIFFS AND OTHER OFFICERS › 15 §1983. Disposal of securities for fines and costs

§1983. Disposal of securities for fines and costs
Each sheriff, as often as every 3 months, shall deliver to the Treasurer of State all securities taken by him for fines and costs, on the liberation of poor convicts from prison pursuant to law.   [PL 1975, c. 408, §33 (AMD).]
All such securities taken for fines imposed by the District Court shall be paid over to the District Court.
SECTION HISTORY
PL 1975, c. 383, §18 (AMD). PL 1975, c. 408, §33 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 4: COUNTY TREASURERS › 15 §2031. Fees claimed within 3 years

§2031. Fees claimed within 3 years
Sums allowed to any person as fees or for expenses in any criminal prosecution and payable from the State Treasury may be claimed by such person of the Treasurer of State at any time within 3 years after the allowance, and not afterwards.   [PL 1975, c. 408, §34 (AMD).]
SECTION HISTORY
PL 1975, c. 383, §19 (AMD). PL 1975, c. 408, §34 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 4: COUNTY TREASURERS › 15 §2032. Schedule of securities

§2032. Schedule of securities
A schedule of all securities with the amount due on each, received by the Treasurer of State from the sheriff pursuant to section 1983, shall be filed by the sheriff with the clerk. The clerk, from time to time, shall examine such securities, and, where he deems appropriate, shall request that the court order the Attorney General to take such measures for their collection as are deemed expedient or authorize the treasurer to compound and cancel them on such terms as may be ordered.   [PL 1975, c. 408, §34 (AMD).]
SECTION HISTORY
PL 1975, c. 383, §20 (AMD). PL 1975, c. 408, §34 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 4: COUNTY TREASURERS › 15 §2033. Treasurer's annual report to court (REPEALED)

§2033. Treasurer's annual report to court
(REPEALED)
SECTION HISTORY
PL 1975, c. 383, §21 (AMD). PL 1975, c. 408, §34 (AMD). PL 1975, c. 735, §18 (RPR). PL 1979, c. 127, §116 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 5: DISTRICT ATTORNEYS › 15 §2061. Examination of records of clerks and treasurers by district attorney

§2061. Examination of records of clerks and treasurers by district attorney
District attorneys shall examine the records and files in the offices of clerks and the certificates and accounts in the offices of treasurers, relating to fines, forfeitures and bills of costs accruing to their counties; ascertain, so far as practicable, the cause of any delinquencies in paying over the same; and move the court for all necessary orders and processes to enforce the collection thereof.   [PL 1973, c. 567, §20 (AMD).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 303: FINES AND COSTS › Subchapter 5: DISTRICT ATTORNEYS › 15 §2062. Delinquent sheriff or other officer summoned before court by district attorney

§2062. Delinquent sheriff or other officer summoned before court by district attorney
When it appears that any sheriff or other officer is not discharged of any fine, forfeiture or bill of costs committed to him to collect, the district attorney shall cause him to be summoned and brought before the court that imposed such fine, forfeiture or bill of costs to show a proper discharge or the cause for not collecting the same and paying it over. Such sheriff or other officer shall carry into execution all lawful orders of the court relating to the collection and payment thereof, and shall, by all other means pertaining to his office, promote and enforce the same.   [PL 1973, c. 567, §20 (AMD).]
SECTION HISTORY
PL 1973, c. 567, §20 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305: APPEALS › 15 §2111. Appeals from the District Court

§2111. Appeals from the District Court
1.  Appeal of judgment of conviction or order to the Law Court.
Except as otherwise specifically provided, in any criminal proceeding in the District Court, a defendant aggrieved by a judgment of conviction, ruling or order may appeal to the Supreme Judicial Court sitting as the Law Court.
[PL 2001, c. 471, Pt. D, §16 (AMD).]
2.  Appeal to the Superior Court.
If an appeal from the District Court must be taken to the Superior Court, the appeal must be to the Superior Court in the county where the offense on which the judgment of conviction or order was rendered is alleged to have been committed. Venue may be transferred at the discretion of the Chief Justice of the Superior Court.
[PL 1999, c. 731, Pt. ZZZ, §15 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
3.  Time for taking of appeal.
The Supreme Judicial Court shall provide by rule the time for taking the appeal and the manner and any conditions for the taking of the appeal.
[PL 1999, c. 731, Pt. ZZZ, §15 (NEW); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
SECTION HISTORY
PL 1965, c. 356, §59 (RPR). PL 1969, c. 501, §2 (AMD). PL 1981, c. 647, §4 (AMD). PL 1987, c. 166, §1 (RPR). PL 1999, c. 731, §ZZZ15 (RPR). PL 1999, c. 731, §ZZZ42 (AFF). PL 2001, c. 471, §D16 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305: APPEALS › 15 §2112. Failure to prosecute appeal (REPEALED)

§2112. Failure to prosecute appeal
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §60 (AMD). PL 1987, c. 166, §2 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305: APPEALS › 15 §2113. Withdrawal of appeal; fees of jailer (REPEALED)

§2113. Withdrawal of appeal; fees of jailer
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §61 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305: APPEALS › 15 §2114. Defendant may make election of trial

§2114. Defendant may make election of trial
In all Class D and E criminal proceedings, the defendant may waive the defendant's right to jury trial and elect to be tried in the District Court, as provided by rule of the Supreme Judicial Court.   [PL 1999, c. 731, Pt. ZZZ, §16 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
SECTION HISTORY
PL 1965, c. 356, §62 (AMD). PL 1973, c. 520 (RPR). PL 1975, c. 139 (RPR). PL 1979, c. 663, §109 (AMD). PL 1981, c. 487, §1 (RPR). PL 1999, c. 731, §ZZZ16 (AMD). PL 1999, c. 731, §ZZZ42 (AFF).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305: APPEALS › 15 §2115. Appeals from the Superior Court

§2115. Appeals from the Superior Court
In any criminal proceeding in the Superior Court, any defendant aggrieved by a judgment of conviction, ruling or order may appeal to the Supreme Judicial Court sitting as the Law Court. The Supreme Judicial Court shall provide by rule the time for taking the appeal and the manner and any conditions for the taking of the appeal.   [PL 1999, c. 731, Pt. ZZZ, §17 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
SECTION HISTORY
PL 1965, c. 356, §63 (RPR). PL 1987, c. 166, §3 (AMD). PL 1999, c. 731, §ZZZ17 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2007, c. 475, §5 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305: APPEALS › 15 §2115-B. Appeal by aggrieved contemnor

§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 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 Appellate Procedure.
[PL 2007, c. 552, §3 (AMD).]
2.  Plenary contempt proceedings involving punitive sanctions.
In a plenary contempt proceeding involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, instituted under 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 Appellate Procedure.
[PL 2007, c. 552, §3 (AMD).]
SECTION HISTORY
PL 1997, c. 317, §B1 (NEW). RR 1999, c. 2, §16 (COR). RR 1999, c. 2, §17 (AFF). PL 1999, c. 731, §ZZZ22 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2003, c. 17, §3 (AMD). PL 2007, c. 552, §3 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305: APPEALS › 15 §2116. Court action after federal court has acted

§2116. Court action after federal court has acted
Whenever any federal court finds that a prisoner in any penal institution in this State has been deprived of any of the rights guaranteed to him by the Constitution of the United States before, at or after his trial, so that the judgment or sentence or both are erroneous and said court holds the case on its docket pending corrective action by the proper state official, the Attorney General may act as follows. He may file a petition in the Superior Court of the county where the prisoner was tried and convicted in term time or with any justice of said court in vacation, setting forth the petition of the prisoner to the federal court and the decision of that court, and the Superior Court of conviction or any justice thereof in vacation shall then recall the judgment and sentence held erroneous and order it stricken from the records of said court and shall set the prisoner down for trial if in term time or bind him over to the next criminal term in said county if in vacation, after setting his bail. If the sentence only is erroneous, the Superior Court of the county of conviction in term time or any justice thereof in vacation, on presentation of the Attorney General's petition, shall recall the erroneous sentence and order it stricken from the records and shall, in term time or in vacation, sentence the prisoner anew in accordance with the indictment against said prisoner.
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305: APPEALS › 15 §2117. Objections in criminal cases

§2117. Objections in criminal cases
For all purposes for which an exception has heretofore been necessary in criminal cases, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor. If a party has no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice him.   [PL 1965, c. 356, §64 (RPR).]
SECTION HISTORY
PL 1965, c. 356, §64 (RPR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2122. Purpose

§2122. Purpose
This chapter provides a comprehensive and, except for direct appeals from a criminal judgment, exclusive method of review of those criminal judgments and of post-sentencing proceedings occurring during the course of sentences. It is a remedy for illegal restraint and other impediments specified in section 2124 that have occurred directly or indirectly as a result of an illegal criminal judgment or post-sentencing proceeding. It replaces the remedies available pursuant to post-conviction habeas corpus, to the extent that review of a criminal conviction or proceedings were reviewable, the remedies available pursuant to common law habeas corpus, including habeas corpus as recognized in Title 14, sections 5501 and 5509 to 5546, coram nobis, audita querela, writ of error, declaratory judgment and any other previous common law or statutory method of review, except appeal of a judgment of conviction or juvenile adjudication and remedies that are incidental to proceedings in the trial court. The substantive extent of the remedy of post-conviction review is defined in this chapter and not defined in the remedies that it replaces; provided that this chapter provides and is construed to provide relief for those persons required to use this chapter as required by the Constitution of Maine, Article I, Section 10.   [PL 2011, c. 601, §4 (AMD).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1997, c. 399, §1 (AMD). PL 2011, c. 601, §4 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2123. Jurisdiction and venue

§2123. Jurisdiction and venue
1.  Jurisdiction.
Jurisdiction shall be in the Superior Court.
[PL 1979, c. 701, §15 (NEW).]
1-A.  Supreme Court Justice or authorized Judge of the District Court.
A single Justice of the Supreme Judicial Court, an Active Retired Justice of the Supreme Judicial Court or a judge authorized to sit in the Superior Court on post-conviction review cases has and shall exercise jurisdiction and has and shall exercise all of the powers, duties and authority necessary for exercising the same jurisdiction as the Superior Court relative to a post-conviction review proceeding.
[PL 2003, c. 29, §2 (AMD).]
2.  Venue.
Venue must be in the county in which the criminal judgment was entered. Venue may be transferred by the assigned justice or judge at that assigned justice's or judge's discretion.
[RR 2011, c. 2, §13 (COR).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1983, c. 235, §3 (AMD). PL 1983, c. 816, §B4 (AMD). PL 1985, c. 209, §2 (AMD). PL 2003, c. 29, §2 (AMD). PL 2011, c. 601, §5 (AMD). RR 2011, c. 2, §13 (COR).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2123-A. Method of review for administrative actions not included in the definition of "post-sentencing proceeding"

§2123-A. Method of review for administrative actions not included in the definition of "post-sentencing proceeding"
Remedial relief from administrative actions occurring during the course of and pursuant to the operation of a sentence that affects whether there is incarceration or its length that are not included in the definition of "post-sentencing proceeding" in section 2121, subsection 2 is exclusively provided by Title 5, chapter 375, subchapter 7.   [PL 2011, c. 601, §6 (NEW).]
SECTION HISTORY
PL 2011, c. 601, §6 (NEW).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2125. Ground for relief

§2125. Ground for relief
A person who satisfies the prerequisites of section 2124 may show that the challenged criminal judgment or sentence is unlawful or unlawfully imposed, or that the impediment resulting from the challenged post-sentencing proceeding is unlawful, as a result of any error or ground for relief, whether or not of record, unless the error is harmless or unless relief is unavailable for a reason provided in section 2126, section 2128 unless section 2128‑A applies, or section 2128‑B.   [PL 2013, c. 266, §4 (AMD).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1981, c. 238, §2 (AMD). PL 2011, c. 601, §8 (AMD). PL 2013, c. 266, §4 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2126. Exhaustion

§2126. Exhaustion
A person under restraint or impediment specified in section 2124 must also demonstrate that the person has previously exhausted remedies incidental to proceedings in the trial court, on appeal or administrative remedies. A person who has taken an appeal from a judgment of conviction, a juvenile adjudication or a judgment of not criminally responsible by reason of insanity is not precluded from utilizing the remedy of this chapter while the appeal is pending. The post-conviction review proceeding is automatically stayed pending resolution of the appeal unless the Appellate Court on motion and for good cause otherwise directs.   [PL 2013, c. 266, §5 (AMD).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1981, c. 238, §3 (AMD). PL 1985, c. 556, §2 (AMD). PL 2013, c. 266, §5 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2127. Mootness (REPEALED)

§2127. Mootness
(REPEALED)
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1981, c. 238, §4 (RP).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2128. Waiver of grounds for relief

§2128. Waiver of grounds for relief
A person under restraint or impediment specified in section 2124 shall demonstrate that any ground of relief has not been waived. The bases of waiver are as follows.   [PL 2011, c. 601, §9 (AMD).]
1.  Errors claimable on direct appeal.
Errors at the trial that have been or could have been raised on a direct appeal, whether or not such an appeal was taken, may not be raised in an action for post-conviction review under this chapter, except that if the failure of the convicted or adjudicated person to take an appeal or to raise certain issues on appeal is excusable and the errors not appealed may result in reversal of the criminal judgment, the court may order that an appeal be taken as provided in section 2130.
[PL 2011, c. 601, §9 (AMD).]
2.  Errors claimable in federal habeas corpus.
[PL 2011, c. 601, §9 (RP).]
3.  Waiver of grounds not raised in prior post-conviction review action.
All grounds for relief from a criminal judgment or from a post-sentencing proceeding must be raised in a single post-conviction review action and any grounds not so raised are waived unless the Constitution of Maine or the Constitution of the United States otherwise requires or unless the court determines that the ground could not reasonably have been raised in an earlier action.
[PL 2011, c. 601, §9 (AMD).]
4.  Prior challenges.
A person who has previously challenged a criminal judgment or a post-sentencing proceeding under former Title 14, sections 5502 to 5508 or its predecessors may not challenge the criminal judgment or post-sentencing proceeding by post-conviction review unless the court determines that a ground claimed in the action for post-conviction review could not reasonably have been raised in the earlier action.
[PL 2011, c. 601, §9 (AMD).]
5.  Filing deadline for direct impediment.
[PL 2011, c. 601, §9 (RP).]
6.  Filing deadline for indirect impediment.
[PL 2011, c. 601, §9 (RP).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1983, c. 235, §6 (AMD). PL 1987, c. 402, §A110 (AMD). PL 1995, c. 286, §4 (AMD). PL 1997, c. 399, §§3,4 (AMD). PL 1997, c. 399, §5 (AFF). PL 2011, c. 601, §9 (AMD).
2023 Maine Revised Statutes › TITLE 15: COURT PROCEDURE -- CRIMINAL › Part 4: JUDGMENT AND PROCEEDINGS › Chapter 305-A: POST-CONVICTION REVIEW › 15 §2128-A. Exceptions to waiver

§2128-A. Exceptions to waiver
The assertion of a right under the Constitution of the United States may not be held waived by its nonassertion at trial or on appeal if the assertion of the right would be held not waived in a federal habeas corpus proceeding brought by the convicted or adjudicated person pursuant to 28 United States Code, Sections 2241 to 2254.   [PL 2011, c. 601, §10 (NEW).]
SECTION HISTORY
PL 2011, c. 601, §10 (NEW).