Chasse v. State

2008 ME 28, 942 A.2d 689, 2008 Me. LEXIS 29

• Court: Supreme Judicial Court of Maine
• Decided: February 12, 2008
• Status: Published

Opinion

PER CURIAM.

[¶ 1] Pursuant to 15 M.R.S. § 2131 and M.R.App. P. 19, Michael L. Chasse has sought review by the Law Court by filing a petition seeking a certificate of probable cause in this, his first, post-conviction review proceeding. Chasse contends that the Superior Court erred or exceeded its discretion in dismissing his petition for failing to raise any proper grounds for post-conviction review. Based on our review, we determine that the petition should not have been dismissed, because the one-year limitation period in 15 M.R.S. § 2128 does not apply to the petition for relief Chasse filed. Chasse’s petition is premised upon 15 M.R.S. § 2124(2), which permits petitions based upon: “[ijncarceration or increased incarceration imposed pursuant to a post-sentencing proceeding following a criminal judgment, although the criminal judgment itself is not challenged.”

The entry is:

The Superior Court’s dismissal of Chasse’s petition is vacated and the matter is remanded to that court for a hearing on the merits of Chasse’s claim.