Maine Revised Statutes Title 15 Sec. 3405 – Scope of review on appeal; record
Current as of: 2023 | Check for updates
|
Other versions
1. Scope of review. Review on all appeals from juvenile court to the Supreme Judicial Court is for errors of law or abuses of discretion. The Supreme Judicial Court may affirm, reverse or modify any order of the juvenile court or remand for further proceedings. The Supreme Judicial Court may enter a new order of disposition if it finds that the juvenile court’s disposition was an abuse of discretion.
[PL 2015, c. 100, §5 (AMD).]
Terms Used In Maine Revised Statutes Title 15 Sec. 3405
- 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
- Docket: A log containing brief entries of court proceedings.
- 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
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Record on appeals. In appeals taken pursuant to section 3402, subsection 1, paragraphs A, B and H, review must be on the basis of the record of the proceedings in the Juvenile Court. In the interest of justice, the Supreme Judicial Court may order that the record consist of:
A. The untranscribed sound recording of the proceedings; or [PL 1979, c. 512, §12 (RPR).]
B. An agreed or settled statement of facts with the consent of the parties. [PL 1979, c. 512, §12 (RPR).]
[PL 2021, c. 326, §16 (AMD).]
3. Record on appeals of detention orders. In appeals taken pursuant to section 3402, subsection 1, paragraph D, the court shall order a review by the most expeditious of the following methods that is consistent with the interests of justice:
A. The untranscribed sound recording of the detention hearing; [PL 1979, c. 512, §12 (REEN).]
B. Evidence presented to the trial court, as long as the scope of review is as specified in subsection 1; [PL 2015, c. 100, §5 (AMD).]
C. A transcribed record; or [PL 1979, c. 512, §12 (REEN).]
D. A record consisting of a statement of facts as described in subsection 2, paragraph B. [PL 1979, c. 512, §12 (REEN).]
[PL 2015, c. 100, §5 (AMD).]
4. Expedited docket.
[PL 1979, c. 512, §12 (RP).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1977, c. 664, §46 (AMD). PL 1979, c. 512, §12 (RPR). PL 1979, c. 681, §33 (AMD). PL 1997, c. 645, §14 (AMD). PL 2015, c. 100, §5 (AMD). PL 2021, c. 326, §16 (AMD).