Maine Revised Statutes Title 15 Sec. 3402 – Appeals to Supreme Judicial Court
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1. Matters for appeal. Appeals of the following matters may be taken from the Juvenile Court to the Supreme Judicial Court by a party specified in subsection 2:
A. An adjudication, as long as the appeal is taken after an order of disposition; [PL 2015, c. 100, §3 (AMD).]
B. An order of disposition, or of any subsequent order modifying disposition, for an abuse of discretion; [PL 2021, c. 23, §1 (AMD).]
C. [PL 1997, c. 645, §12 (RP).]
D. A detention order entered pursuant to section 3203?A, subsection 5 or any refusal to alter a detention order upon petition of the juvenile pursuant to section 3203?A, subsection 11, for abuse of discretion. The appeal must be handled expeditiously; [PL 2021, c. 326, §15 (AMD).]
E. [PL 1979, c. 512, §9 (RP).]
F. [PL 1979, c. 512, §9 (RP).]
G. [PL 1979, c. 512, §9 (RP).]
H. An order binding a juvenile over for prosecution as an adult, which may be taken following issuance of the bind-over order, or, at the election of the appellant, following a judgment of conviction as an adult, but not both; and [PL 2021, c. 326, §15 (AMD).]
[PL 2021, c. 326, §15 (AMD).]
Terms Used In Maine Revised Statutes Title 15 Sec. 3402
- Adult: means a person 18 years of age or over. See Maine Revised Statutes Title 15 Sec. 3003
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Detention: means the holding of a person in a facility characterized by either physically restrictive construction or intensive staff supervision that is intended to prevent a person who is placed in or admitted to the facility from departing at will. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile: means a person who had not attained 18 years of age at the time the person allegedly committed a juvenile crime. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile Court: means the District Court exercising the jurisdiction conferred by section 3101. See Maine Revised Statutes Title 15 Sec. 3003
- Legal custodian: means a person who has legal custody of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
2. Who may appeal. An appeal may be taken by the following parties:
A. The juvenile; or [PL 1979, c. 512, §9 (RPR).]
B. The juvenile’s parents, guardian or legal custodian on behalf of the juvenile, if the juvenile is not emancipated and the juvenile does not wish to appeal. [PL 1979, c. 512, §9 (RPR).]
C. [PL 1979, c. 512, §9 (RP).]
[PL 1979, c. 512, §9 (RPR).]
2-A. Appeal from a bind-over order of the juvenile court.
[PL 2021, c. 23, §4 (RP).]
3. Appeals by the State. The State may appeal from a decision or order of the juvenile court to the Supreme Judicial Court to the same extent and in the same manner as in criminal cases under section 2115?A. The State may appeal from the juvenile court to the Supreme Judicial Court for the failure of the juvenile court to order a bind-over.
A. [PL 1979, c. 512, §9 (RP).]
B. [PL 1979, c. 512, §9 (RP).]
C. [PL 1979, c. 512, §9 (RP).]
D. [PL 1979, c. 512, §9 (RP).]
[PL 2015, c. 100, §3 (AMD).]
4. Stays and releases. On an appeal pursuant to subsection 1, paragraphs A and B, the Supreme Judicial Court shall consider a stay of execution and release pending the appeal.
[PL 2015, c. 100, §3 (AMD).]
5. Time for appeals. An appeal from the juvenile court to the Supreme Judicial Court must be taken within 21 days after the entry of an order of disposition or other appealed order or such further time as the Supreme Judicial Court may provide pursuant to a rule of court.
[PL 2015, c. 100, §3 (AMD).]
6. Record on appeal.
[PL 1979, c. 512, §9 (RP).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1977, c. 664, §45 (AMD). PL 1979, c. 512, §9 (RPR). PL 1989, c. 502, §A45 (AMD). PL 1991, c. 202 (AMD). PL 1997, c. 645, §11 (AMD). PL 1997, c. 645, §§11-13 (AMD). PL 1997, c. 645, §12 (AMD). PL 1997, c. 645, §13 (AMD). PL 2005, c. 488, §2 (AMD). PL 2013, c. 234, §11 (AMD). PL 2015, c. 100, §3 (AMD). PL 2021, c. 23, §§1-4 (AMD). PL 2021, c. 326, §15 (AMD).