Maine Revised Statutes Title 15 Sec. 2128-B – Time for filing
Current as of: 2023 | Check for updates
|
Other versions
The following filing deadlines apply. [PL 2011, c. 601, §11 (NEW).]
1. Filing deadline for direct impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 1 or 1?A. The limitation period runs from the latest of the following:
A. The date of final disposition of the direct appeal from the underlying criminal judgment or the expiration of the time for seeking the appeal; [PL 2011, c. 601, §11 (NEW).]
B. The date on which the constitutional right, state or federal, asserted was initially recognized by the Law Court or the Supreme Court of the United States if the right has been newly recognized by that highest court and made retroactively applicable to cases on collateral review; or [PL 2011, c. 601, §11 (NEW).]
C. The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. [PL 2011, c. 601, §11 (NEW).]
The time during which a properly filed petition for writ of certiorari to the Supreme Court of the United States with respect to the same criminal judgment is pending is not counted toward any period of limitation under this subsection.
[PL 2011, c. 601, §11 (NEW).]
Terms Used In Maine Revised Statutes Title 15 Sec. 2128-B
- 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.
- Criminal judgment: means a judgment of conviction of a crime, the orders of adjudication and disposition in a juvenile case and a judgment of not criminally responsible by reason of insanity. See Maine Revised Statutes Title 15 Sec. 2121
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Post-sentencing proceeding: means a court proceeding or administrative action occurring during the course of and pursuant to the operation of a sentence that affects whether there is incarceration or its length, including revocation of parole, failure to grant parole, an error of law in the computation of a sentence including administrative calculations of deductions relative to time detained pursuant to Title 17?A, section 2305 and default in payment of a fine or restitution. See Maine Revised Statutes Title 15 Sec. 2121
- Sentence: means the punishment imposed in a criminal proceeding or the disposition imposed in a juvenile proceeding. See Maine Revised Statutes Title 15 Sec. 2121
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
2. Filing deadline for post-sentencing proceedings. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a post-sentencing proceeding under section 2124, subsection 2. The limitation period runs from the later of the following:
A. The date of filing of the final judgment in the court proceeding occurring during the course of and pursuant to the operation of the underlying sentence that results in incarceration or increased incarceration; or [PL 2011, c. 601, §11 (NEW).]
B. The date of the final administrative action occurring during the course of and pursuant to the operation of the underlying sentence that results in incarceration or increased incarceration. [PL 2011, c. 601, §11 (NEW).]
[PL 2011, c. 601, §11 (NEW).]
3. Filing deadline for indirect impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3, paragraphs A and D. The one-year limitation period runs from the date of imposition of a sentence for the new crime resulting in the indirect impediment. A 60-day period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3, paragraph E. The 60-day limitation period runs from the date the noncitizen becomes aware, or should have become aware, that under federal immigration law, as a consequence of the particular plea, a deportation proceeding has been initiated against the noncitizen.
[PL 2011, c. 601, §11 (NEW); PL 2011, c. 601, §14, 15 (AFF).]
SECTION HISTORY
PL 2011, c. 601, §11 (NEW). PL 2011, c. 601, §§14, 15 (AFF).