Maine Revised Statutes Title 15 Sec. 2129 – Petition and procedure
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1. Filing of petition. Petitions shall be filed as follows.
A. A proceeding for post-conviction review shall be commenced by filing a petition in the Superior Court in the county specified in section 2123. [PL 1981, c. 238, §5 (NEW).]
B. If the petitioner desires to have counsel appointed, he shall file an affidavit of indigency in the form prescribed by the Supreme Judicial Court. If the petitioner is incarcerated, the affidavit shall be accompanied by a certificate of the appropriate officer of the institution in which the petitioner is incarcerated as to the amount of money or securities on deposit to the petitioner’s credit in any account in the institution. The failure to include an affidavit of indigency with the petition does not bar the court from appointing counsel upon a subsequent filing of an affidavit of indigency. [PL 1981, c. 238, §5 (NEW).]
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 prosecutorial office that earlier represented the State in the underlying criminal or juvenile proceeding. [PL 2003, c. 29, §3 (AMD).]
[PL 2003, c. 29, §3 (AMD).]
Terms Used In Maine Revised Statutes Title 15 Sec. 2129
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assigned justice or judge: means the Justice or Active Retired Justice of the Supreme Judicial Court, 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. See Maine Revised Statutes Title 15 Sec. 2121
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Statute: A law passed by a legislature.
2. Assignment of case.
[PL 2003, c. 29, §4 (RP).]
3. Representation of respondent. In all proceedings for postconviction review, the State may be represented by the prosecutorial office that earlier represented the State in the underlying criminal or juvenile proceeding. On a case-by-case basis, a different prosecutorial office may represent the State on agreement between the 2 prosecutorial offices.
[PL 1991, c. 622, Pt. D (RPR).]
4. Bail pending disposition of petition. Pending final disposition, the assigned justice or judge may order the release of the petitioner on bail at such time and under such circumstances and conditions as the Supreme Judicial Court provides by rule.
[PL 2011, c. 601, §12 (AMD).]
5. Procedure in proceedings pursuant to this chapter. In all respects not covered by statute, the procedure in proceedings under this chapter is as the Supreme Judicial Court provides by rule.
[PL 2003, c. 29, §5 (AMD).]
6. Amendment to petition.
[PL 1981, c. 238, §5 (RP).]
7. Representation of respondent.
[PL 1981, c. 238, §5 (RP).]
8. Response.
[PL 1981, c. 238, §5 (RP).]
9. Discovery.
[PL 1981, c. 238, §5 (RP).]
10. Determination by court; hearing.
[PL 1981, c. 238, §5 (RP).]
11. Bail pending dispostion of petition.
[PL 1981, c. 238, §5 (RP).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1981, c. 238, §5 (RPR). PL 1983, c. 688, §9 (AMD). PL 1985, c. 209, §4 (AMD). PL 1985, c. 556, §3 (AMD). PL 1991, c. 622, §D (AMD). PL 2003, c. 29, §§3-5 (AMD). PL 2011, c. 601, §12 (AMD).