§2126. Exhaustion
A person under restraint or impediment specified in section 2124 must also demonstrate that the person has previously exhausted remedies incidental to proceedings in the trial court, on appeal or administrative remedies. A person who has taken an appeal from a judgment of conviction, a juvenile adjudication or a judgment of not criminally responsible by reason of insanity is not precluded from utilizing the remedy of this chapter while the appeal is pending. The post-conviction review proceeding is automatically stayed pending resolution of the appeal unless the Appellate Court on motion and for good cause otherwise directs. [PL 2013, c. 266, §5 (AMD).]
SECTION HISTORY
PL 1979, c. 701, §15 (NEW). PL 1981, c. 238, §3 (AMD). PL 1985, c. 556, §2 (AMD). PL 2013, c. 266, §5 (AMD).
Structure Maine Revised Statutes
TITLE 15: COURT PROCEDURE -- CRIMINAL
Part 4: JUDGMENT AND PROCEEDINGS
Chapter 305-A: POST-CONVICTION REVIEW
15 §2123. Jurisdiction and venue
15 §2124. Jurisdictional prerequisites of restraint or impediment
15 §2128. Waiver of grounds for relief
15 §2128-A. Exceptions to waiver
15 §2129. Petition and procedure