Rule 75A. Stay of Execution

(a) Bail Pending Final Disposition. If the court orders the release of the petitioner on bail pending final disposition of the petition pursuant to Rule 74(b) and the petitioner is admitted to bail, the sentence is automatically stayed. If the final judgment is adverse to the petitioner, the stay automatically terminates when the judgment making final disposition is entered in the Unified Criminal Docket. When a stay of sentence of imprisonment is so terminated, the clerk of the Unified Criminal Docket shall forthwith mail a date-stamped copy of the judgment making final disposition to the parties and to the sheriff named in the underlying commitment order. Within 3 days after that mailing, excluding Saturdays, Sundays and legal holidays, the petitioner's counsel or, if not represented by counsel, the petitioner shall contact the office of the sheriff named in the underlying commitment order and make arrangements satisfactory to the sheriff for surrendering into that sheriff's custody that day or, at the direction of the sheriff, the next regular business day. If such arrangements are not timely made, or if the arrangements are not complied with, upon the request of the named sheriff or the attorney for the respondent, or by direction of the court, the clerk of the Unified Criminal Docket shall issue a warrant for the petitioner's arrest. Upon issuance of that warrant and necessary notice by the clerk to the court of that fact, the court, in conformity with Rule 46(g)(1), shall declare a forfeiture of the Rule 74 bail because of the breach of condition.

(b) Bail Pending Appeal. If the court orders the release of the petitioner on bail pending appeal pursuant to Rule 75(b) and the petitioner is admitted to bail, execution of the sentence shall be stayed as provided in Rule 38(a) and (b). The procedure for the petitioner's surrender following automatic termination of a stay of sentence of imprisonment is as provided in subdivision

(a) .

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 75A of the Maine Rules of Criminal Procedure but differs in the following respects. First, in both subdivisions (a) and (b) the word "court" replaces "assigned justice." See Committee Advisory Note [December 2014] to M.R.U. Crim. P. 70. Second, in subdivision (a) "Unified Criminal Docket" replaces "criminal docket" for clarity.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1983 [M.R. Crim. P. 75A.] Rule 75A makes clear that a stay of execution of a sentence following release on bail pending appeal is controlled by Rule 38. At present Part XI is wholly silent on the matter.

Advisory Committee Note—1995 [M.R. Crim. P. 75A.] The amendment makes two changes of substance. First, it incorporates bail pending final disposition of the petition under Rule 74(b). Previously, only bail pending appeal under Rule 75(b) was addressed. Secondly, it adopts the relevant substance of new Rule 38(c) to a proceeding for post-conviction review.

Advisory Committee Note—2003 [M.R. Crim. P. 75A(a).] The amendment corrects an incorrect reference to Rule 46.