§ 15 §2128-B — Time for filing

The following filing deadlines apply.
1.
Filing deadline for direct impediment.
A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 1 or 1‑A. The limitation period runs from the latest of the following:
2.
Filing deadline for post-sentencing proceedings.
A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a post-sentencing proceeding under section 2124, subsection 2. The limitation period runs from the later of the following:
3.
Filing deadline for indirect impediment.
A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3, paragraphs A and D. The one-year limitation period runs from the date of imposition of a sentence for the new crime resulting in the indirect impediment. A 60-day period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3, paragraph E. The 60-day limitation period runs from the date the noncitizen becomes aware, or should have become aware, that under federal immigration law, as a consequence of the particular plea, a deportation proceeding has been initiated against the noncitizen.

Legislative History

PL 2011, c. 601, §11 (NEW). PL 2011, c. 601, §§14, 15 (AFF).