2017 Maine Revised Statutes
TITLE 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 509: APPEALS
15 §3402. Appeals to Supreme Judicial Court

§3402. Appeals to Supreme Judicial Court

1. Matters for appeal. Appeals of the following matters may be taken from the juvenile court to the Supreme Judicial Court by a party specified in subsection 2:

A. An adjudication, as long as the appeal is taken after an order of disposition; [2015, c. 100, §3 (AMD).]

B. An order of disposition, or of any subsequent order modifying disposition, for an abuse of discretion; and [1997, c. 645, §11 (AMD).]

D. A detention order entered pursuant to section 3203-A, subsection 5 or any refusal to alter a detention order upon petition of the juvenile pursuant to section 3203-A, subsection 11, for abuse of discretion, provided that the appeal must be handled expeditiously. [2005, c. 488, §2 (AMD).]

E. [1979, c. 512, §9 (RP).]

F. [1979, c. 512, §9 (RP).]

G. [1979, c. 512, §9 (RP).]

[ 2015, c. 100, §3 (AMD) .]

2. Who may appeal. An appeal may be taken by the following parties:

A. The juvenile; or [1979, c. 512, §9 (RPR).]

B. The juvenile's parents, guardian or legal custodian on behalf of the juvenile, if the juvenile is not emancipated and the juvenile does not wish to appeal. [1979, c. 512, §9 (RPR).]

C. [1979, c. 512, §9 (RP).]

[ 1979, c. 512, §9 (RPR) .]

2-A. Appeal from a bind-over order of the juvenile court. A bind-over order of the juvenile court by a party specified in subsection 2 may be reviewed only by the Supreme Judicial Court pursuant to an appeal of a judgment of conviction following bind-over.

[ 2015, c. 100, §3 (NEW) .]

3. Appeals by the State. The State may appeal from a decision or order of the juvenile court to the Supreme Judicial Court to the same extent and in the same manner as in criminal cases under section 2115-A. The State may appeal from the juvenile court to the Supreme Judicial Court for the failure of the juvenile court to order a bind-over.

A. [1979, c. 512, §9 (RP).]

B. [1979, c. 512, §9 (RP).]

C. [1979, c. 512, §9 (RP).]

D. [1979, c. 512, §9 (RP).]

[ 2015, c. 100, §3 (AMD) .]

4. Stays and releases. On an appeal pursuant to subsection 1, paragraphs A and B, the Supreme Judicial Court shall consider a stay of execution and release pending the appeal.

[ 2015, c. 100, §3 (AMD) .]

5. Time for appeals. An appeal from the juvenile court to the Supreme Judicial Court must be taken within 21 days after the entry of an order of disposition or other appealed order or such further time as the Supreme Judicial Court may provide pursuant to a rule of court.

[ 2015, c. 100, §3 (AMD) .]

6. Record on appeal.

[ 1979, c. 512, §9 (RP) .]

SECTION HISTORY

1977, c. 520, §1 (NEW). 1977, c. 664, §45 (AMD). 1979, c. 512, §9 (RPR). 1989, c. 502, §A45 (AMD). 1991, c. 202, (AMD). 1997, c. 645, §11 (AMD). 1997, c. 645, §§11-13 (AMD). 1997, c. 645, §12 (AMD). 1997, c. 645, §13 (AMD). 2005, c. 488, §2 (AMD). 2013, c. 234, §11 (AMD). 2015, c. 100, §3 (AMD).