LD 273
pg. 2
Page 1 of 4 An Act To Modify Certain Criminal Appeal Statutes in View of the New Maine Rule... Page 3 of 4
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LR 814
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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


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