| |
Judicial Court provides by rule. The State may appeal as a matter | of right from a court decision to grant the person a new trial to | the Supreme Judicial Court, sitting as the Law Court. The time, | manner and specific conditions for taking that appeal to the | Supreme Judicial Court, sitting as the Law Court, are as the | Supreme Judicial Court provides by rule. |
|
| | | 12. Exhaustion. A person | | appeal from the judgment of conviction is not precluded from | | utilizing the remedy of this chapter while the appeal is pending, | | provided that the resolution of the motion is automatically | | stayed pending final disposition of the direct appeal unless the | | Supreme Judicial Court, sitting as the Law Court, on motion | | otherwise directs. |
|
| | A person | | the judgment of conviction under chapter 305-A is not precluded | | from utilizing the remedy of this chapter while that post- | | conviction review proceeding is pending, provided that resolution | | of the motion is automatically stayed pending final disposition | | of the post-conviction review proceeding unless the assigned | | justice in the post-conviction review proceeding otherwise | | directs. |
|
| | | 13. Victim notification. When practicable, the attorney for | | the State shall make a good faith effort to give written notice | of a motion under this section to the victim of the person | described in subsection 1 | | the victim is deceased. The notice must be by first-class mail | | to the victim's last known address. Upon the victim's request, | | the attorney for the State shall give the victim notice of the | | time and place of any hearing on the motion and shall inform the | victim of the court's grant or denial of a new trial to the | person |
|
| | | 14. Preservation of biological evidence. Effective October | | 15, 2001, the investigating law enforcement agency shall preserve | | any biological evidence identified during the investigation of a | | crime or crimes for which any person may file a postjudgment of | | conviction motion for DNA analysis under this section. The | | evidence must be preserved for the period of time that any person | | is incarcerated in connection with that case. |
|
| | | Effective October 1, 2006, the investigating law enforcement | | agency shall preserve any biological evidence identified during | | the investigation of a crime or crimes for which any person may | | file a postjudgment of conviction motion for DNA analysis under | | this section. The evidence must be preserved for the period of | | time that any person remains incarcerated, on probation, civilly |
|
|
