1.Petition for review.
Any defendant in custody following a Harnish bail proceeding under section 1027 may petition for review as provided in this
A. If the Harnish bail proceeding was conducted in the District Court, the defendant may petition a Justice of the Superior
Court for review under this section. [1987, c. 758, §20 (NEW).]
B. If the Harnish bail proceeding was conducted in the Superior Court, the defendant may petition a single Justice of the Supreme
Judicial Court for review under this section. [1987, c. 758, §20 (NEW).]
1987, c. 758, §20 (NEW)
2.Standard of review.
With respect to the finding of probable cause to believe that the defendant committed a formerly capital offense, the finding
of the lower court shall be upheld, unless it is clearly erroneous provided there is an adequate record for purposes of review.
With respect to all other issues or with respect to the issue of probable cause when the record is inadequate for review,
the review shall be de novo. The parties shall cooperate to expeditiously assemble a record for review.
1989, c. 147, §3 (AMD)
The evidence consists of the information of record submitted in the Harnish bail proceeding under section 1027 and any additional information the
parties may choose to present.
RR 2009, c. 2, §31 (COR)
4.No further relief.
The review under this section is final and no further relief is available.
1999, c. 731, Pt. ZZZ, §11 (NEW);
1999, c. 731, Pt. ZZZ, §42 (AFF)
1987, c. 758, §20 (NEW).
1989, c. 147, §3 (AMD).
1999, c. 731, §ZZZ11 (AMD).
1999, c. 731, §ZZZ42 (AFF).
RR 2009, c. 2, §31 (COR).
Data for this page extracted on 10/16/2012 08:27:22.
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