by admin | May 13, 2021 | Criminal Procedure, Maine
(a) Person or Entity Entitled to File a Post-Judgment Motion. Any person who satisfies the prerequisites of 15 M.R.S. §§2181 and 2182 may file a post-judgment motion in the underlying criminal proceeding for determination of factual innocence and correction of the...
by admin | May 13, 2021 | Criminal Procedure, Maine
At the conclusion of the hearing held as provided under 15 M.R.S. §2138(10), the court shall state its findings of fact on the record or make written findings of fact supporting its decision to grant or deny the person a new trial as required under 15 M.R.S....
by admin | May 13, 2021 | Criminal Procedure, Maine
(a) Compliance With 15 M.R.S. §2138(8). The DNA analysis results shall be provided by the crime lab to the court, the person, and the attorney for the State. Upon motion by the person or the attorney for the State, the court may order that copies of the analysis...
by admin | May 13, 2021 | Criminal Procedure, Maine
(a) Order Preserving Evidence. Following the filing of a motion for DNA analysis the court shall order the State to preserve evidence and prepare and submit an evidence inventory as provided under 15 M.R.S. §2138(2).(b) Court Findings; Order Directing Crime Lab to...
by admin | May 13, 2021 | Criminal Procedure, Maine
(a) Compliance with 15 M.R.S. §2138(3). Following the filing of a motion for DNA analysis, if the court finds the person to be indigent, the court may assign counsel any time during the proceedings.(b) Determination of Indigency; Assignment and Compensation;...
by admin | May 13, 2021 | Criminal Procedure, Maine
(a) Person Entitled to Bring a Motion; Filing and Service. Any person who satisfies the prerequisites of 15 M.R.S. §2137 may file a motion for DNA analysis as provided under 15 M.R.S. §2138(1). Filing and serving must be in accordance with Rule 49.(b) Docketing and...
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