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

 
2. Plenary contempt proceedings involving punitive
sanctions. In a plenary 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, 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 Criminal Appellate
Procedure.

 
Sec. 4. 15 MRSA §2131, as amended by PL 1981, c. 238, §§7 and 8,
is repealed and the following enacted in its place:

 
§2131.__Review of final judgment

 
A final judgment entered under section 2130 may be reviewed
by the Supreme Judicial Court sitting as the Law Court.

 
1.__Appeal by petitioner.__A petitioner aggrieved by the
final judgment may not appeal as of right.__The time for
taking the appeal and the manner and any conditions for the
taking of the appeal are as the Supreme Judicial Court
provides by rule.

 
2.__Appeal by State.__The State aggrieved by the final
judgment may appeal as of right and no certificate of approval
by the Attorney General is required.__The time for taking the
appeal and the manner and any conditions for the taking of an
appeal are as the Supreme Judicial Court provides by rule.

 
Sec. 5. 17-A MRSA §1207, sub-§2, as enacted by PL 1997, c. 273, §3,
is amended to read:

 
2. Superior Court proceeding. In a probation revocation
proceeding in the Superior Court, a person whose probation is
revoked may not appeal as of right. The time, manner and
specific conditions for taking that appeal to the Law Court
are as the Supreme Judicial Court provides in the Maine Rules
of Criminal Procedure. The time for taking the appeal and the
manner and any conditions for the taking of the appeal are as
the Supreme Judicial Court provides by rule.


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