Me. Rev. Stat. » Title 34-B
Maine Revised Statutes

Me. Rev. Stat. tit. 34-B, § 3804 (2026)

Habeas corpus

✓ current as of May 2026
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Any person detained pursuant to this subchapter is entitled to the writ of habeas corpus, upon proper petition by the person or by a friend to any justice generally empowered to issue the writ of habeas corpus in the county in which the person is detained.   [RR 2019, c. 2, Pt. B, §96 (COR).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §96 (COR).
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2005–2021 · leading case: In re Marcia E., 2012 ME 139, 58 A.3d 1115.
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In re Marcia E., 2012 ME 139, 58 A.3d 1115. “Title 34-B M.R.S. § 3804 (2011) provides: "Any person detained pursuant to this sub-chapter is entitled to the writ of habeas corpus, upon proper petition by himself or by a friend to any justice generally empowered to issue the writ of habeas corpus in the county in which the…”
A.S. v. Lincoln Health, 2021 ME 6. · cites it 2× “See 34-B M.R.S. § 3804 (2020). A hearing on that petition was scheduled to be heard by videoconference on March 20, 2020.”
Gasque v. King, No. CUMcv-04-565 (Me. Super. Ct June 6, 2005). “Instead, on September 10, 2004, Gasque applied for a writ of habeas corpus under a provision of Maine’s mental health hospitalization statutes, 34-B M.R.S.A. § 3804 (2004). Gasque maintained he was deprived of due process protections when he received ineffective assistance of…”
Noreen S. v. St. Mary's Reg'l Med. Ctr., No. ANDap-07-17 (Me. Super. Ct Aug. 13, 2008). “34-B M.R.S.A. § 3804. A writ of habeas corpus was not filed and was not before the District Court.”
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