Michael L. Chasse v. State of Maine
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MAINE SUPREME JUDICIAL COURT Decision: 2008 ME 28 Docket: Pen-07-527 On Summary Consideration Decided: February 12, 2008 Panel: Reporter of Decisions SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, and GORMAN, JJ. MICHAEL L. CHASSE v. STATE OF MAINE PER CURIAM [¶1] Pursuant to 15 M.R.S. § 2131 and M.R. App. P. 19, Michael L. Chasse has sought review by the Law Court by filing a petition seeking a certificate of probable cause in this, his first, post-conviction review proceeding. Chasse contends that the Superior Court erred or exceeded its discretion in dismissing his petition for failing to raise any proper grounds for post-conviction review. Based on our review, we determine that the petition should not have been dismissed, because the one-year limitation period in 15 M.R.S. § 2128 does not apply to the petition for relief Chasse filed. Chasse s petition is premised upon 15 M.R.S. § 2124(2), which permits petitions based upon: [i]ncarceration or increased 2 incarceration imposed pursuant to a post-sentencing proceeding following a criminal judgment, although the criminal judgment itself is not challenged. The entry is: The Superior Court s dismissal of Chasse s petition is vacated and the matter is remanded to that court for a hearing on the merits of Chasse s claim. Attorney for Michael L. Chasse: Stuart W. Tisdale, Jr., Esq. Tisdale & Davis, P.A. 80 Exchange Street PO Box 572 Portland, Maine 04112 Attorney for the State of Maine:1 R. Christopher Almy, Dist. Atty. 97 Hammond Street Bangor, Maine 04401 1 Note by Reporter of Decisions: Because this case was decided on the petition for a certificate of probable cause, the State of Maine did not participate in the appeal. M.R. App. P. 19(c).
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