Committee Advisory Note [December 2014]
The Rule parallels the content of Rule 75 of the Maine Rules of Criminal Procedure but differs in the following respects.
First, the heading to subdivision (a) is changed from “Application to Assigned Justice” to “Application to the Court.”
Second, in all subdivisions the word “court” replaces “assigned justice.” See Committee Advisory Note [December 2014] to M.R.U. Crim. P. 70.
[Advisory Notes to former Maine Rules of Criminal Procedure]
Advisory Committee Note—1981
[M.R. Crim. P. 75.] 15 M.R.S. section 2130, last sentence presently provides that “[w]hen relief is granted to the petitioner and release is appropriate, the justice may release a petitioner on bail pending appeal.”
As a consequence, an assigned justice can only entertain an application for bail after final judgment if the petitioner has prevailed.
Rule 75 is added to prescribe the time, circumstances and conditions pursuant to which the assigned justice may set bail pending appeal for a successful petitioner.
Rule 75 starts from the perspective that, despite the fact that the petitioner has prevailed on his petition, he is yet in an “after-conviction” posture rather than in the “preconviction” posture for which Article I, Section 10 of the Maine Constitution has application. See Fredette v. State, Me., 428 A.2d 395 (1981). In addition it starts from the posture that neither present 15 M.R.S. section 2130 nor any other statute of this State affords petitioner the right to have bail set pending appeal. Finally, it does not ignore either the “bailable”/“nonbailable” dichotomy respecting Maine crimes created by Article 1, Section 10 nor its legislative application. See again Fredette v. State, supra.
Subdivision (a) Subdivision (a) adopts and incorporates Rule 74(a).
Subdivision (b) Subdivision (b) incorporates Rule 74(b) to the extent relevant.
Subdivision (c) Subdivision (c) incorporates Rule 74(c).
