Rule 70 – Review of the Petition by the Court; Summary Dismissal; Response; Amendment to the Petition; Withdrawal of Petition; Dismissal of Petition with Prejudice for Failure to Prosecute

by | May 13, 2021 | Criminal Procedure, Maine

(a) Review of Petition by the Court. The court shall promptly examine the petition.(b) Summary Dismissal or Stay of the Petition. The court shall enter an order for the summary dismissal of the petition in whole or in part, stating the reasons for the dismissal, if...

Rule 69A – Assigned Justice or Judge

by | May 13, 2021 | Criminal Procedure, Maine

(a) Assignment by Chief Justice of the Superior Court or by Designee.The Chief Justice of the Superior Court or the Chief Justice’s designee shall assign petitions for post-conviction review.(b) Assignment of Trial Justice or Judge.(1) When the petition...

Rule 69 – Assigned Counsel

by | May 13, 2021 | Criminal Procedure, Maine

(a) Compliance With 15 M.R.S. ch. 305-A by Petitioner. A petitioner who desires to have counsel appointed either before or after final disposition of the petition shall comply with the procedure provided in 15 M.R.S. §2129(1)(B).(b) Determination of Indigency;...

Rule 67 – Form and Contents of the Petition

by | May 13, 2021 | Criminal Procedure, Maine

(a) Form Prescribed by Supreme Judicial Court. The petition shall be in the form prescribed by the Supreme Judicial Court.(b) Challenges Allowed in Single Petition. The petition shall be limited to the assertion of a claim for review of one or more criminal judgments...