2010 Maine Code
TITLE 15: COURT PROCEDURE -- CRIMINAL
Chapter 105-A: MAINE BAIL CODE
15 §1029. Review of bail under section 1027

Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)

Subchapter 2: PRECONVICTION BAIL HEADING: PL 1987, C. 758, §20 (NEW)

§1029. Review of bail under section 1027

1. Petition for review. Any defendant in custody following a Harnish bail proceeding under section 1027 may petition for review as provided in this subsection.

A. If the Harnish bail proceeding was conducted in the District Court, the defendant may petition a Justice of the Superior Court for review under this section. [1987, c. 758, §20 (NEW).]

B. If the Harnish bail proceeding was conducted in the Superior Court, the defendant may petition a single Justice of the Supreme Judicial Court for review under this section. [1987, c. 758, §20 (NEW).]

[ 1987, c. 758, §20 (NEW) .]

2. Standard of review. With respect to the finding of probable cause to believe that the defendant committed a formerly capital offense, the finding of the lower court shall be upheld, unless it is clearly erroneous provided there is an adequate record for purposes of review. With respect to all other issues or with respect to the issue of probable cause when the record is inadequate for review, the review shall be de novo. The parties shall cooperate to expeditiously assemble a record for review.

[ 1989, c. 147, §3 (AMD) .]

3. Evidence. The evidence consists of the information of record submitted in the Harnish bail proceeding under section 1027 and any additional information the parties may choose to present.

[ RR 2009, c. 2, §31 (COR) .]

4. No further relief. The review under this section is final and no further relief is available.

[ 1999, c. 731, Pt. ZZZ, §11 (NEW); 1999, c. 731, Pt. ZZZ, §42 (AFF) .]

SECTION HISTORY

1987, c. 758, §20 (NEW). 1989, c. 147, §3 (AMD). 1999, c. 731, §ZZZ11 (AMD). 1999, c. 731, §ZZZ42 (AFF). RR 2009, c. 2, §31 (COR).