LD 340
pg. 1
LD 340 Title Page An Act To Amend Certain Aspects of Post-conviction Review Procedure Page 2 of 2
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LR 815
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 15 MRSA §2121, sub-§1-A, as enacted by PL 1985, c. 209, §1,
is amended to read:

 
1-A. Assigned justice. "Assigned justice" means the Justice
or Active Retired Justice of the Supreme Judicial Court or,
the Justice or Active Retired Justice of the Superior Court or
the judge authorized to sit in the Superior Court on post-
conviction review cases who is assigned the post-conviction
review proceeding when a special assignment has been made. It
means any Justice or Active Retired Justice justice, active
retired justice or authorized judge attending to the regular
criminal calendar when the post-conviction review proceeding
is assigned to the regular criminal calendar.

 
Sec. 2. 15 MRSA §2123, sub-§1-A, as enacted by PL 1985, c. 209, §2,
is amended to read:

 
1-A. Supreme Court Justice or authorized Judge of the
District Court. A single Justice of the Supreme Judicial
Court or, an Active Retired Justice of the Supreme Judicial
Court shall have or a judge authorized to sit in the Superior
Court on post-conviction review cases and shall exercise
jurisdiction, and have 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.

 
Sec. 3. 15 MRSA §2129, sub-§1, śC, as amended by PL 1985, c. 556, §3,
is further amended to read:

 
C. Once the petition has been filed, the clerk shall
forward a copy of the petition and any separate documents
filed with it to the Chief Justice of the Superior Court
and to the Attorney General prosecutorial office that
earlier represented the State in the underlying criminal
or juvenile proceeding.

 
Sec. 4. 15 MRSA §2129, sub-§2, as repealed and replaced by PL 1985,
c. 209, §4, is repealed.

 
Sec. 5. 15 MRSA §2129, sub-§5, as repealed and replaced by PL 1981,
c. 238, §5, is amended to read:

 
5. Procedure in proceedings pursuant to this chapter. In
all respects not covered by statute, the procedure in
proceedings under this chapter shall be is as the Supreme
Judicial Court shall by rule provide provides by rule.


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