INVITATION TO FILE AMICUS BRIEFS


Law Court invites amicus briefs on
whether it has jurisdiction to hear an appeal
from a trial court's denial of a convicted person's
motion to modify terms of probation and
whether a trial court may deny a motion to
modify terms of probation without a hearing

Documents:

The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of State of Maine v. Kirk E. Gould, Law Court docket number Aro-16-241, on the following issues:

  1. Whether the Law Court has jurisdiction to hear an appeal from an order denying a defendant’s motion to modify conditions of probation and, if so, whether, given that an appeal from a revocation of probation is only a discretionary appeal pursuant to M.R. App. P. 19, the appeal from the denial of the motion to modify probation is an appeal as of right or a discretionary appeal.
  2. Whether the trial court abused its discretion in denying Gould’s request, without hearing or explanation, to modify his probation conditions to allow supervised contact with children under the age of 16.

Gould’s brief is available on the Court’s website at www.courts.maine.gov/quick/gould.  The State’s brief will be posted there when it is filed.

An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before October 28, 2016.  An amicus brief must be filed at the address listed below, and must comply with  M.R. App. P. 7(c), 9(e)(1), and 9(f).  In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single “native” or text-based .pdf file, to lawcourt.clerk@courts.maine.gov.

Dated:  September 29, 2016

Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine  04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov