State v. St. Ledger

Supreme Judicial Court of Maine

State v. St. Ledger

419 A.2d 367, 1980 Me. LEXIS 656

CourtSupreme Judicial Court of Maine

DecidedSeptember 15, 1980

StatusPublished

Cited by1 cases

This text of 419 A.2d 367 (State v. St. Ledger) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. St. Ledger, 419 A.2d 367, 1980 Me. LEXIS 656 (Me. 1980).

Pincite

Opinion

MEMORANDUM OF DECISION.

On October 31, 1979, the District Court (Skowhegan) entered a judgment finding that defendant had committed the civil violation of possessing a usable amount of marijuana, 22 M.R.S.A. § 2383 (1980), and ordering a forfeiture of $150. Defendant filed a notice of appeal with the District Court on November 16, 1979; that is, on a date beyond the 10-day appeal period prescribed by D.C.Civ.R. 73(a). Although the [368]*368District Court docket transmitted to the Superior Court plainly displayed those facts and also contained the following notation:

11/16/79-Ordered clerk to process case to Superior Court although appeal untimely taken

defendant’s appeal in the Superior Court was argued solely on the merits of the District Court’s denial of a motion for suppression of evidence. On defendant’s appeal to this court from the Superior Court’s affirmance of the District Court judgment, the parties have again briefed only the merits of the appeal, ignoring the fatal jurisdictional defect. Since timely filing of the notice of appeal in compliance with D.C. Civ.R. 73(a) is mandatory and jurisdictional, Maine Mack, Inc. v. Skeels, Me., 330 A.2d 420 (1975), neither the Superior Court nor our court has ever acquired jurisdiction to entertain defendant’s appeal.

This court, on its own initiative, must direct the following entry:

Superior Court judgment vacated.

Remanded to the Superior Court with direction to dismiss defendant’s appeal from the District Court.

All concurring.

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MEMORANDUM OF DECISION.

On October 31, 1979, the District Court (Skowhegan) entered a judgment finding that defendant had committed the civil violation of possessing a usable amount of marijuana, 22 M.R.S.A. § 2383 (1980), and ordering a forfeiture of $150. Defendant filed a notice of appeal with the District Court on November 16, 1979; that is, on a date beyond the 10-day appeal period prescribed by D.C.Civ.R. 73(a). Although the [368]*368District Court docket transmitted to the Superior Court plainly displayed those facts and also contained the following notation:

11/16/79-Ordered clerk to process case to Superior Court although appeal untimely taken

defendant’s appeal in the Superior Court was argued solely on the merits of the District Court’s denial of a motion for suppression of evidence. On defendant’s appeal to this court from the Superior Court’s affirmance of the District Court judgment, the parties have again briefed only the merits of the appeal, ignoring the fatal jurisdictional defect. Since timely filing of the notice of appeal in compliance with D.C. Civ.R. 73(a) is mandatory and jurisdictional, Maine Mack, Inc. v. Skeels, Me., 330 A.2d 420 (1975), neither the Superior Court nor our court has ever acquired jurisdiction to entertain defendant’s appeal.

This court, on its own initiative, must direct the following entry:

Superior Court judgment vacated.

Remanded to the Superior Court with direction to dismiss defendant’s appeal from the District Court.

All concurring.

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Bluebook (online)

419 A.2d 367, 1980 Me. LEXIS 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-st-ledger-me-1980.

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