Me. Rev. Stat. » Title 15
Maine Revised Statutes

Me. Rev. Stat. tit. 15, § 210 (2026)

Rights of accused person; habeas corpus

✓ current as of May 2026
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A person arrested upon a Governor's warrant may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person, unless the person is first taken before a judge of a court of record in this State, who shall inform the person of the demand made for the person's surrender and of the crime with which the person is charged and that the person has the right to demand and procure legal counsel. If the prisoner or the prisoner's counsel states that the prisoner may or will contest extradition, the judge shall fix a reasonable time, not to exceed 7 days, to allow the person to file a petition contesting extradition. The petition must be filed in District Court and state the grounds upon which extradition is contested. When the petition is filed, notice of it and of the time and place of hearing must be given to the prosecuting attorney of the county in which the arrest is made and in which the accused is in custody, to the Attorney General and to the agent of the demanding state.   [PL 1997, c. 181, §1 (AMD).]
A person arrested upon the warrant of the Governor may not be admitted to bail, except as provided as follows: If a petition contesting extradition is granted and the order is appealed by the State to the Supreme Judicial Court sitting as the Law Court, the petitioner may be admitted to bail, in the discretion of the presiding judge, pending that appeal. If the appeal is sustained, the petitioner must be immediately placed in custody without bail to await delivery to the agent of the demanding state.   [PL 1997, c. 181, §1 (AMD).]
1. 
[PL 1983, c. 843, §5 (RP).]
2. 
[PL 1983, c. 843, §5 (RP).]
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[PL 1983, c. 843, §6 (RP).]
SECTION HISTORY
PL 1977, c. 671, §9 (RPR). PL 1979, c. 274, §§2,3 (AMD). PL 1979, c. 701, §§3-5 (AMD). PL 1983, c. 843, §§4-6 (AMD). PL 1997, c. 181, §1 (AMD).
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Notes of Decisions
Cited in 5 cases, 1978–1991 · leading case: Lee v. Massie, 447 A.2d 65 (Me. 1982).
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Lee v. Massie, 447 A.2d 65 (Me. 1982). “3 Pursuant to 15 M.R.S.A. § 210 (1980), the petitioner contested extradition by filing, on February 3, 1981, a petition for writ of habeas corpus.”
Sawyer v. State, 382 A.2d 1039 (Me. 1978). “He was arrested in Maine pursuant to a rendition warrant issued by the Governor of Maine, [1] and he then petitioned in the Cumberland County Superior Court for a writ of habeas corpus to test the legality of his arrest as a fugitive under the Maine Uniform Criminal Extradition…”
Olson v. Thurston, 393 A.2d 1320 (Me. 1978). “Four days later Olson petitioned *1322 for a writ of habeas corpus in the Superior Court pursuant to 15 M.R.S.A. § 210. 4 The Superior Court denied his petition, and Olson brought a timely appeal to this court.”
Torrey v. Williams, 388 A.2d 921 (Me. 1978). “He petitioned the Superior Court for a writ of habeas corpus, pursuant to 15 M.R.S.A. § 210, to test the legality of his arrest.”
Joubert v. McKernan, 588 A.2d 748 (Me. 1991). “See 15 M.R.S.A. § 210 & 210-A. The logic Joubert uses in this regard is rendered unconvincing by the substantive failure of his two challenges.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.