Maine Code § 15-2128

Waiver of grounds for relief
Open in Lexace · Ask the AI about this section
A person under restraint or impediment specified in section 2124 shall demonstrate that any ground
of relief has not been waived. The bases of waiver are as follows. [PL 2011, c. 601, §9 (AMD).]
1. Errors claimable on direct appeal. Errors at the trial that have been or could have been raised
on a direct appeal, whether or not such an appeal was taken, may not be raised in an action for post-
conviction review under this chapter, except that if the failure of the convicted or adjudicated person to
take an appeal or to raise certain issues on appeal is excusable and the errors not appealed may result
in reversal of the criminal judgment, the court may order that an appeal be taken as provided in section
2130.
[PL 2011, c. 601, §9 (AMD).]
2. Errors claimable in federal habeas corpus.
[PL 2011, c. 601, §9 (RP).]
3. Waiver of grounds not raised in prior post-conviction review action. All grounds for relief
from a criminal judgment or from a post-sentencing proceeding must be raised in a single post-
conviction review action and any grounds not so raised are waived unless the Constitution of Maine or
the Constitution of the United States otherwise requires or unless the court determines that the ground
could not reasonably have been raised in an earlier action.
[PL 2011, c. 601, §9 (AMD).]
4. Prior challenges. A person who has previously challenged a criminal judgment or a post-
sentencing proceeding under former Title 14, sections 5502 to 5508 or its predecessors may not
challenge the criminal judgment or post-sentencing proceeding by post-conviction review unless the
court determines that a ground claimed in the action for post-conviction review could not reasonably
have been raised in the earlier action.
[PL 2011, c. 601, §9 (AMD).]
5. Filing deadline for direct impediment.
[PL 2011, c. 601, §9 (RP).]
6. Filing deadline for indirect impediment.
[PL 2011, c. 601, §9 (RP).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.