Rule 36 – Appeals; Petitions

May 13, 2021 | Criminal Procedure, Maine

(a) Limited Review by Appeal or Petition in the Unified Criminal Docket. Except as set forth in this Rule or by the Maine Rules of Appellate Procedure, the Unified Criminal Docket will not entertain requests for review by appeal or petition.
(b) De Novo Review of Preconviction Bail Set by Judicial Officer for a Crime Bailable as of Right.

(1)Defendant Aggrieved by a Bail Commissioner’s Decision. Any defendant charged with a crime bailable as of right who is aggrieved by a decision of a bail commissioner may file a petition in the Unified Criminal Docket for a de novo determination of bail as set forth in 15 M.R.S. §1028.
(2)Defendant Aggrieved by the Court’s Decision. Any defendant charged with a crime bailable as of right who is aggrieved by a decision of the court made at arraignment or initial appearance as to the amount or conditions of bail set may file a petition in the Unified Criminal Docket for a redetermination of bail in accordance with 15 M.R.S. §1028-A and the additional procedures set forth in Rule 46(d).
(c) Review of Bail by or Appeal to a Single Justice of the Supreme Judicial Court.

(1)Review of Preconviction Bail Under 15 M.R.S. §1029. Any defendant charged with a crime bailable only as a matter of discretion who is aggrieved by a decision of the court may file a petition in the Unified Criminal Docket for a review of bail by a justice of the Supreme Judicial Court in accordance with 15 M.R.S. §1029 and the additional procedures set forth in Rule 46(e)(1).
(2)Appeal of Post-conviction Bail Under 15 M.R.S. §1051. Any defendant or the State aggrieved by a decision of the court setting post-conviction bail under 15 M.R.S. §1051 may file a notice of appeal with the clerk of the Unified Criminal Docket seeking review by a single justice of the Supreme Judicial Court in accordance with 15 M.R.S. §1051 and the additional procedures set forth in Rule 46(e)(2).
(3)Appeal of Revocation of Preconviction bail under 15 M.R.S. §1097, or Revocation of Post-conviction bail under 15 M.R.S. §1099-A. Any defendant who is aggrieved by a decision of the court revoking preconviction bail under 15 M.R.S. §1097 or revoking post-conviction bail under 15 M.R.S. §1099-A, may file a notice of appeal with the clerk of the Unified Criminal Docket seeking review by a single justice of the Supreme Judicial Court in accordance with the applicable statute and the additional procedures set forth in Rule 46(e)(2).
(4) Appeal from a Denial or Conditional Order under Rule 44A. Any defendant aggrieved by a denial or conditional order entered by the court under Rule 44A may file a notice of appeal with the clerk of the Unified Criminal Docket seeking review by a single justice of the Supreme Judicial Court in accordance with the procedures set forth in Rule 44A(c).
(d) Discretionary Appeal to the Law Court. Appeal from an order of the court revoking probation pursuant to 17-A M.R.S. §1207, revoking supervised release pursuant to 17-A M.R.S. §1233, or revoking administrative release pursuant to 17-A M.R.S. §1349-F shall be to the Law Court as provided by Rule 19 of the Maine Rules of Appellate Procedure.
(e) Appeal to the Law Court from a Rule 35 Adverse Ruling. Appeals from a Rule 35 adverse ruling made under subdivisions (a) or (c) shall be to the Law Court as provided by the Maine Rules of Appellate Procedure.
(f) Appeal to the Law Court in Juvenile Crime Proceedings. Appeals from the juvenile court shall be to the Law Court as provided by 15 M.R.S. §§34013405.

Me. R. Uni. Crim. P. 36

Last amended effective November 2, 2016.