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

Me. Rev. Stat. tit. 15, § 2115-A (2026)

Appeals by the State

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
1.  Appeals prior to trial.  An appeal may be taken by the State in criminal cases on questions of law from the District Court and from the Superior Court to the Supreme Judicial Court sitting as the Law Court: From an order of the court prior to trial which suppresses any evidence, including, but not limited to, physical or identification evidence or evidence of a confession or admission; from an order which prevents the prosecution from obtaining evidence; from a pretrial dismissal of an indictment, information or complaint; or from any other order of the court prior to trial which, either under the particular circumstances of the case or generally for the type of order in question, has a reasonable likelihood of causing either serious impairment to or termination of the prosecution.  
[PL 1999, c. 731, Pt. ZZZ, §18 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
2.  Appeals after trial.  An appeal may be taken by the State from the Superior Court or the District Court to the Supreme Judicial Court sitting as the Law Court after trial and after a finding of guilty by a jury or the court from the granting of a motion for a new trial, from arrest of judgment, from dismissal or from other orders requiring a new trial or resulting in termination of the prosecution in favor of the accused, when an appeal of the order would be permitted by the double jeopardy provisions of the Constitution of the United States and the Constitution of Maine.  
[PL 1999, c. 731, Pt. ZZZ, §18 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
2-A.  Appeal from adverse decision of the Superior Court sitting as an appellate court relative to an aggrieved defendant's appeal from the denial of a Rule 35 motion in District Court. 
[PL 2015, c. 431, §20 (RP).]
2-B.  Appeal from the denial of a Rule 35 motion.  If a motion for correction or reduction of a sentence brought by the attorney for the State under Rule 35 of the Maine Rules of Unified Criminal Procedure is denied in whole or in part, an appeal may be taken by the State from the adverse order to the Supreme Judicial Court sitting as the Law Court.  
[PL 2015, c. 431, §21 (AMD).]
3.  When defendant appeals.  When the defendant appeals from a judgment of conviction, it is not necessary for the State to appeal. It may argue that error in the proceedings at trial in fact supports the judgment. The State may also establish that error harmful to it was committed prior to trial or in the trial resulting in the conviction from which the defendant has appealed, which error should be corrected in the event that the Law Court reverses on a claim of error by the defendant and remands the case for a new trial. If the case is so reversed and remanded, the Law Court shall also order correction of the error established by the State.  
[PL 1999, c. 731, Pt. ZZZ, §21 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
4.  Time.  The time for taking and the manner and any conditions for the taking of an appeal pursuant to subsection 1, 2 or 2‑B are as the Supreme Judicial Court provides by rule, and an appeal taken pursuant to subsection 1 must also be taken before the defendant has been placed in jeopardy. An appeal taken pursuant to this subsection must be diligently prosecuted.  
[PL 2015, c. 431, §22 (AMD).]
5.  Approval of Attorney General.  In any appeal taken pursuant to subsection 1, 2 or 2‑B, the written approval of the Attorney General is required; except that if the attorney for the State filing the notice of appeal states in the notice that the Attorney General has orally stated that the approval will be granted, the written approval may be filed at a later date.  
[PL 2015, c. 431, §23 (AMD).]
6.  Liberal construction.  The provisions of this section shall be liberally construed to effectuate its purposes.  
[PL 1979, c. 701, §14 (AMD).]
7.  Rules.  The Supreme Judicial Court may provide for implementation of this section by rule.  
[PL 1979, c. 343, §2 (NEW).]
8.  Fees and costs.  The Law Court shall allow counsel fees and costs for the defense of appeals under this section, to be paid by the Maine Commission on Public Defense Services under Title 4, section 1801. The compensation paid by the commission may not exceed the rates established by the commission for the payment of counsel providing indigent legal services.  
[PL 2023, c. 558, §8 (AMD).]
9.  Appeals to Federal Court; fees and costs.  The Law Court shall allow attorney's fees for court appointed counsel when the State appeals a judgment to any Federal Court or to the United States Supreme Court on certiorari. Any fees allowed pursuant to this subsection must be paid out of the accounts of the Maine Commission on Public Defense Services under Title 4, section 1801. The compensation paid by the commission may not exceed the rates established by the commission for the payment of counsel providing indigent legal services.  
[PL 2023, c. 558, §9 (AMD).]
SECTION HISTORY
PL 1967, c. 547, §§1,3 (NEW). PL 1971, c. 215 (AMD). PL 1977, c. 510, §3 (AMD). PL 1977, c. 564, §74 (AMD). PL 1979, c. 343, §2 (RPR). PL 1979, c. 541, §B22 (AMD). PL 1979, c. 663, §110 (AMD). PL 1979, c. 701, §14 (AMD). PL 1983, c. 105 (AMD). PL 1987, c. 234, §§1-3 (AMD). PL 1987, c. 461 (AMD). PL 1991, c. 223 (AMD). PL 1995, c. 47, §§1-3 (AMD). PL 1999, c. 731, §§ZZZ18-21 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2001, c. 17, §4 (AMD). PL 2013, c. 159, §§14,15 (AMD). PL 2015, c. 431, §§20-23 (AMD). PL 2023, c. 558, §§8, 9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Notes of Decisions
Cited in 162 cases (8 in the last 5 years), 1969–2025 · leading case: State of Maine v. Bruce Ouellette, 2019 ME 75 (Me. 2019).
Sort: Relevance Newest Treatment
State of Maine v. Bruce Ouellette, 2019 ME 75 (Me. 2019). · cites it 9× “We affirm the judgment of conviction and do not reach the State's challenge to the denial of its motion to correct the sentence because the State failed to file a notice of appeal from that order and failed to provide the written authorization of the Attorney General.”
State v. Howes, 432 A.2d 419 (Me. 1981). · cites it 13× “Relying on the authorization set forth in 15 M.R.S.A. § 2115-A(2), [1] the State of Maine has appealed from a judgment of acquittal entered in favor of the defendant John Francis Howes.”
State v. Stade, 683 A.2d 164 (Me. 1996). · cites it 5× “Pursuant to 15 M.R.S.A. § 2115-A(1) (1980), [1] the State appeals from an order entered in the District Court (Dover-Foxcroft, Field, J.”
State v. Brackett, 2000 ME 54 (Me. 2000). · cites it 12× “) denying its motion in limine to exclude statements of past prostitution made by the alleged victim of a gross sexual assault. The State argues that the evidence should have been excluded pursuant to M.”
State v. Ann Marie C., 407 A.2d 715 (Me. 1979). · cites it 6× “" 15 M.R.S.A. § 2115-A (Supp.1965-78), repealed and replaced by P.”
State v. Sawyer, 2001 ME 88 (Me. 2001). · cites it 2× “The State's motion for reconsideration was denied, and the State filed this timely appeal pursuant to 15 M.R.S.A. § 2115-A (1980) and M.R.Crim.”
State v. Sylvain, 2003 ME 5 (Me. 2003). · cites it 2× “[¶ 1] The State of Maine appeals, pursuant to 15 M.R.S.A. § 2115-A(1) (Supp. 2002), from the decision of the District Court (Portland, Goranites, J.”
State v. Forsyth, 2002 ME 75 (Me. 2002). · cites it 3× “” 15 M.R.S.A. § 2115-A(1) (Supp.2001). 2 . The State obtained the necessary approval of the Attorney General prior to filing this appeal as required by 15 M.”
State v. Drown, 447 A.2d 466 (Me. 1982). · cites it 5× “Subsection (6) of 15 M.R.S.A. § 2115-A requires that: The provisions of this section shall be liberally construed to effectuate its purposes.”
State v. Barnard, 2001 ME 80 (Me. 2001). · cites it 3× “” 15 M.R.S.A. § 2115-A (2) (1980 & Supp.2000).”
State v. Michael M., 2001 ME 92 (Me. 2001). · cites it 3× “The State filed its notice of appeal pursuant to 15 M.R.S.A. § 2115-A (1980 & Supp.2000) 2 and M.”
State of Maine v. Troy D. Hastey, 2018 ME 147 (Me. 2018). · cites it 2× “[¶ 9] On November 10, 2016, after obtaining the written approval of the Attorney General, the State timely appealed the court's order granting Hastey's motion in limine and the order denying the motion for reconsideration and further conclusions of law.”
Show all 162 citing cases →
— Me. Rev. Stat. tit. 15, § 2115-A(1) — 54 cases
State v. Stade, 683 A.2d 164 (Me. 1996). “Pursuant to 15 M.R.S.A. § 2115-A(1) (1980), [1] the State appeals from an order entered in the District Court (Dover-Foxcroft, Field, J.”
State v. Sylvain, 2003 ME 5 (Me. 2003). “[¶ 1] The State of Maine appeals, pursuant to 15 M.R.S.A. § 2115-A(1) (Supp. 2002), from the decision of the District Court (Portland, Goranites, J.”
State of Maine v. Troy D. Hastey, 2018 ME 147 (Me. 2018). “[¶ 9] On November 10, 2016, after obtaining the written approval of the Attorney General, the State timely appealed the court's order granting Hastey's motion in limine and the order denying the motion for reconsideration and further conclusions of law.”
State v. Brackett, 2000 ME 54 (Me. 2000). “) denying its motion in limine to exclude statements of past prostitution made by the alleged victim of a gross sexual assault. The State argues that the evidence should have been excluded pursuant to M.”
State v. Cloutier, 544 A.2d 1277 (Me. 1988).
— Me. Rev. Stat. tit. 15, § 2115-A(2) — 17 cases
State v. Howes, 432 A.2d 419 (Me. 1981). “Relying on the authorization set forth in 15 M.R.S.A. § 2115-A(2), [1] the State of Maine has appealed from a judgment of acquittal entered in favor of the defendant John Francis Howes.”
State v. Barnard, 2001 ME 80 (Me. 2001). “” 15 M.R.S.A. § 2115-A (2) (1980 & Supp.2000).”
State of Maine v. Bruce Ouellette, 2019 ME 75 (Me. 2019). “We affirm the judgment of conviction and do not reach the State's challenge to the denial of its motion to correct the sentence because the State failed to file a notice of appeal from that order and failed to provide the written authorization of the Attorney General.”
State v. Huntley, 473 A.2d 859 (Me. 1984).
State v. Watts, 2006 ME 109 (Me. 2006).
— Me. Rev. Stat. tit. 15, § 2115-A(3) — 13 cases
State of Maine v. Bruce Ouellette, 2019 ME 75 (Me. 2019). “We affirm the judgment of conviction and do not reach the State's challenge to the denial of its motion to correct the sentence because the State failed to file a notice of appeal from that order and failed to provide the written authorization of the Attorney General.”
State v. Rabon, 2007 ME 113 (Me. 2007).
State of Maine v. David Mullen, 2020 ME 56 (Me. 2020).
State of Maine v. Randy R. Marquis, 2018 ME 39 (Me. 2018).
State v. Marquis, 181 A.3d 684 (Me. 2018).
— Me. Rev. Stat. tit. 15, § 2115-A(4) — 4 cases
State v. Bridges, 530 A.2d 718 (Me. 1987).
State v. Pierce, 459 A.2d 148 (Me. 1983).
State v. Hood, 482 A.2d 1268 (Me. 1984).
State v. Parsons, 626 A.2d 348 (Me. 1993).
— Me. Rev. Stat. tit. 15, § 2115-A(5) — 17 cases
State v. Diamond, 628 A.2d 1032 (Me. 1993).
State v. Boyd, 156 A.3d 748 (Me. 2017).
State v. LaForge, 2012 ME 65 (Me. 2012).
State v. Stade, 683 A.2d 164 (Me. 1996). “Pursuant to 15 M.R.S.A. § 2115-A(1) (1980), [1] the State appeals from an order entered in the District Court (Dover-Foxcroft, Field, J.”
State v. Dean, 645 A.2d 634 (Me. 1994).
— Me. Rev. Stat. tit. 15, § 2115-A(6) — 5 cases
State of Maine v. Bruce Ouellette, 2019 ME 75 (Me. 2019). “We affirm the judgment of conviction and do not reach the State's challenge to the denial of its motion to correct the sentence because the State failed to file a notice of appeal from that order and failed to provide the written authorization of the Attorney General.”
State v. Brackett, 2000 ME 54 (Me. 2000). “) denying its motion in limine to exclude statements of past prostitution made by the alleged victim of a gross sexual assault. The State argues that the evidence should have been excluded pursuant to M.”
State v. Hood, 482 A.2d 1268 (Me. 1984).
State of Maine v. Bruce Ouellette, 2019 ME 75 (Me. 2019).
State of Maine v. Dale E. Blier, 2017 ME 103 (Me. 2017).
— Me. Rev. Stat. tit. 15, § 2115-A(8) — 1 case
State v. Michael Z., 427 A.2d 476 (Me. 1981).
— Me. Rev. Stat. tit. 15, § 2115-A(l) — 6 cases
State v. Forsyth, 2002 ME 75 (Me. 2002). “” 15 M.R.S.A. § 2115-A(1) (Supp.2001). 2 . The State obtained the necessary approval of the Attorney General prior to filing this appeal as required by 15 M.”
State v. Mariner, 162 A.3d 241 (Me. 2017).
State v. Chase, 439 A.2d 526 (Me. 1982).
State v. Smith, 381 A.2d 1117 (Me. 1978).
State v. MacArthur, 458 A.2d 417 (Me. 1983).
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.