Maine § 15 §2124 Jurisdictional prerequisites of restraint or impediment

Maine Statutes

§ 15 §2124 — Jurisdictional prerequisites of restraint or impediment

Maine § 15 §2124

Title 15COURT PROCEDURE -- CRIMINAL

Part 4JUDGMENT AND PROCEEDINGS

Ch. 305-APOST-CONVICTION REVIEW

This text of Maine § 15 §2124 (Jurisdictional prerequisites of restraint or impediment) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 15, § 15 §2124 (2026).

Text

An action for post-conviction review of a criminal judgment of this State or of a post-sentencing proceeding following the criminal judgment may be brought if the person seeking relief demonstrates that the challenged criminal judgment or post-sentencing proceeding is causing a present restraint or other specified impediment as described in subsections 1 to 3:

1.Present restraint or impediment by criminal judgment being challenged. Present restraint or impediment as a direct result of the challenged criminal judgment: 1-A. Present or future restraint by commitment to the Commissioner of Health and Human Services. Present restraint or impediment as a direct result of commitment to the custody of the Commissioner of Health and Human Services pursuant to section 103 imposed as a result of be

Free access — add to your briefcase to read the full text and ask questions with AI

An action for post-conviction review of a criminal judgment of this State or of a post-sentencing proceeding following the criminal judgment may be brought if the person seeking relief demonstrates that the challenged criminal judgment or post-sentencing proceeding is causing a present restraint or other specified impediment as described in subsections 1 to 3:
1.
Present restraint or impediment by criminal judgment being challenged.
Present restraint or impediment as a direct result of the challenged criminal judgment:
1-A.
Present or future restraint by commitment to the Commissioner of Health and Human Services.
Present restraint or impediment as a direct result of commitment to the custody of the Commissioner of Health and Human Services pursuant to section 103 imposed as a result of being found not criminally responsible by reason of insanity that is challenged or future restraint or impediment as a result of such an order of commitment that is challenged when a sentence involving imprisonment is or will be served first.
2.
Post-sentencing proceeding.
Incarceration or increased incarceration imposed pursuant to a post-sentencing proceeding following a criminal judgment, although the criminal judgment itself is not challenged; or
3.
Present indirect impediment.
Present restraint or impediment resulting indirectly from the challenged criminal judgment of this State:

Legislative History

PL 1979, c. 701, §15 (NEW). PL 1983, c. 235, §§4,5 (AMD). PL 1985, c. 209, §3 (AMD). RR 1995, c. 2, §32 (COR). PL 1995, c. 286, §3 (AMD). PL 1997, c. 399, §2 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B7 (REV). PL 2011, c. 601, §7 (AMD). PL 2013, c. 266, §§2, 3 (AMD). PL 2019, c. 113, Pt. C, §§38-40 (AMD).