Maine § 15 §2124 Jurisdictional prerequisites of restraint or impediment

Maine Statutes

§ 15 §2124 — Jurisdictional prerequisites of restraint or impediment

Maine·Title 15 COURT PROCEDURE -- CRIMINAL·Part 4 JUDGMENT AND PROCEEDINGS·Ch. 305-A POST-CONVICTION REVIEW

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

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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:

Maine § 15 §2124 (Jurisdictional prerequisites of restraint or impediment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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).