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| | | This bill makes changes in 4 separate criminal appeal | | statutes in response to the Supreme Judicial Court's adoption | | of the Maine Rules of Appellate Procedure, effective January | | 1, 2001, and in response to Public Law 2001, chapter 17, | | effective September 2001. Specifically, the changes are as | | follows. |
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| | | 1. The Maine Revised Statutes, Title 15, section 210-A | | currently addresses both the hearing procedure and appellate | | review procedure relative to a petition contesting | | extradition. It has been amended to remove the appellate | | review procedure. The latter procedure, significantly | | abbreviated, has been moved into a new section 210-B. New | | section 210-B sets a 7-day time period for initiating an | | appeal and provides separate treatment for a petitioner- | | initiated appeal and a State-initiated appeal. The manner and | | conditions for the taking of an appeal are no longer addressed | | in the statute; instead, that procedure is left to the Supreme | | Judicial Court to provide by rule. |
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| | | 2. Title 15, section 2115-B has been amended to replace the | | current reference to the Maine Rules of Criminal Procedure | | with a reference to the Maine Rules of Appellate Procedure. |
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| | | 3. Title 15, section 2131 addresses appellate review from a | | final judgment in a post-conviction review proceeding. It is | | amended to direct the Supreme Judicial Court to provide by | | rule for the time, manner and conditions for the taking of the | | appeal. The statute continues to treat an appeal by the State | | as "of right" while that of a petitioner is treated as | | "conditional." |
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| | | 4. Title 17-A, section 1207, subsection 2 is modified to | | conform its language to that used in Public Law 2001, chapter | | 17. |
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