Rule 21 - CRIMINAL APPEALS BY THE STATE(a)Procedure. Appeals by the State, in criminal cases, when authorized by statute, shall be subject to the same procedure as that for other appeals, except as provided by this rule.(b)Appeals by the State Requiring Approval of Attorney General. As to any State-initiated appeal requiring approval of the Attorney General of Maine, the notice of appeal shall be accompanied by the written approval of the Attorney General, which shall become part of the record. The written approval may be filed at a later date, provided that 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.(c)Dismissal of Appeal. The Law Court shall, on motion, order the dismissal of an appeal brought pursuant to this Rule if it finds that such appeal has not been diligently prosecuted.(d)Counsel Fees on Appeal by the State. When an appeal is taken by the State, the Law Court shall allow the defendant reasonable counsel fees and costs for defense of the appeal.(e)Tolling of Appeal Period. If the State files a motion for findings of fact and conclusions of law pursuant to M.R.U. Crim. P. 41(A)(d), the appeal period shall be tolled during the pendency of the motion. If the motion is granted, the appeal period shall begin to run once either (1) written findings and conclusions are entered; or (2) a notation reflecting that no findings and conclusions have been made is entered on the criminal docket.Amended June 6, 2017, effective 9/1/2017.Advisory Notes - January 1, 2001
Rule 21 is nearly identical, except for some technical word changes, to M.R.U. Crim. P. 37B. It is amended to recognize that Attorney General approval is not needed for State appeals from post-conviction judgments.
Advisory Note - October 15, 2001
M.R. App. P. 21(b) is being amended to recognize that M.R.U. Crim. P. 76, presently referenced in M.R. App. P. 21(b) is being abrogated by these rules. The amendment does not change the present practice that State appeals of post-conviction review orders need not be approved by the Attorney General. Such appeals may still proceed on initiative of a District Attorney's office, without approval of the Attorney General. The amendment of the rule recognizes that Rule 21 governs State initiated appeals which do require approval of the Attorney General.
Restyling Notes - June 2017
Rule 21 was not subject to substantive editing in the restyling process. Rule 21(b) regarding the written approval of the Attorney General for appeals was edited to create a separate sentence referencing the subsequent filing of a written approval.