Maine Revised Statutes Title 15 Sec. 210-A – Procedure at hearing
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At the hearing on the petition contesting extradition, if the Governor‘s warrant and the demand comply with the provisions of this chapter, the petitioner has the burden of proving by clear and convincing evidence that the petitioner has not been charged with a crime in the demanding state and that the petitioner is not a fugitive from justice. If the name of the petitioner is the same as that of the person named in the Governor’s warrant, the petitioner has the burden of proving, by clear and convincing evidence, that the petitioner is not the person whom the demanding state is seeking to extradite. If the names are not identical, the State has the burden of proving by a preponderance of the evidence that the petitioner is the person sought to be extradited by the demanding state. The following are conclusive on the issue of probable cause: [PL 2003, c. 17, §1 (AMD).]
1. Indictment. An indictment or an information issued upon a waiver of indictment; or
[PL 1997, c. 181, §2 (AMD).]
Terms Used In Maine Revised Statutes Title 15 Sec. 210-A
- Application: means a request, by any person specified in section 223, to the Governor of this State to make a requisition to the executive authority of another state for the extradition of a fugitive from justice. See Maine Revised Statutes Title 15 Sec. 201
- Arrest: Taking physical custody of a person by lawful authority.
- Demand: means the demand, as provided in section 203, by the executive authority of another state upon the Governor of this State for the extradition of a fugitive from justice. See Maine Revised Statutes Title 15 Sec. 201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Fugitive from justice: means :
A. See Maine Revised Statutes Title 15 Sec. 201Governor: includes any person performing the functions of Governor by authority of the law of this State. See Maine Revised Statutes Title 15 Sec. 201 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Judicial officer: shall mean a justice, judge, justice of the peace, clerk of courts or other neutral person empowered by the laws of the demanding state to issue criminal process. See Maine Revised Statutes Title 15 Sec. 201 Probable cause: A reasonable ground for belief that the offender violated a specific law.
2. Judicial determination of probable cause. An information or other formal charging instrument or an arrest warrant issued on a determination of probable cause by a judicial officer in the demanding state.
[PL 1979, c. 274, §4 (NEW).]
Affidavits, including any affidavits supplied pursuant to the provisions of section 203 or in support of an application for requisition, and any other hearsay evidence that may be deemed reliable by the court, are admissible at the hearing on the petition contesting extradition, for the purpose of showing that the petitioner is charged with a crime in the demanding state, that there is probable cause, that the petitioner is in fact the person charged with the crime and that the petitioner is a fugitive from justice. [PL 1997, c. 181, §2 (AMD).]
SECTION HISTORY
PL 1977, c. 671, §10 (NEW). PL 1979, c. 274, §4 (AMD). PL 1979, c. 701, §§6-8 (AMD). PL 1981, c. 317, §3 (AMD). PL 1997, c. 181, §2 (AMD). PL 2003, c. 17, §1 (AMD).