Criminal Appeal Brief

CRIMINAL APPEAL BRIEF

STATE OF MAINE

SUPREME JUDICIAL COURT (LAW COURT)

Docket No. [____]-[________]

STATE OF MAINE

v.

[DEFENDANT FULL NAME]

ON APPEAL FROM THE [________________] SUPERIOR / UNIFIED CRIMINAL COURT
[________________] COUNTY
DOCKET NO. [________________]

BRIEF OF [APPELLANT / APPELLEE]

Submitted by:

[ATTORNEY NAME], Maine Bar No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Maine [ZIP]
Telephone: [________________]
Email: [________________]

Attorney for [APPELLANT / APPELLEE]

TABLE OF CONTENTS

TABLE OF AUTHORITIES

Cases

Statutes

Rules

STATEMENT OF ISSUES PRESENTED FOR REVIEW

Issue 1: [________________________________]

Standard of Review: [________________________________]

Issue 2: [________________________________]

Standard of Review: [________________________________]

Issue 3: [________________________________]

Standard of Review: [________________________________]

STATEMENT OF THE CASE

The defendant, [DEFENDANT NAME], was charged by [information / indictment] with [COUNT(S) AND OFFENSE(S)] in violation of 17-A M.R.S. § [SECTION(S)].

On [DATE], [a jury / the court] found the defendant [guilty / not guilty] of [CHARGE(S)]. (App. [__])

On [DATE], the trial court sentenced the defendant to [SENTENCE DESCRIPTION]. (App. [__])

A notice of appeal was timely filed on [DATE] pursuant to Me. R. App. P. 2 and 15 M.R.S. § 2115. (App. [__])

STATEMENT OF FACTS

[________________________________]

STANDARD OF APPELLATE REVIEW

[________________________________]

ARGUMENT

I. [ISSUE HEADING]

[________________________________]

II. [ISSUE HEADING]

[________________________________]

III. [ISSUE HEADING]

[________________________________]

CONCLUSION

WHEREFORE, [Appellant / Appellee] respectfully requests that this Court:

☐ Vacate the conviction and remand for a new trial

☐ Vacate the sentence and remand for resentencing

☐ Reverse the judgment of conviction and enter a judgment of acquittal

☐ [Other specific relief: ________________________________]

Respectfully submitted,

___________________________________________
[ATTORNEY NAME], Maine Bar No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Maine [ZIP]
Telephone: [________________]
Email: [________________]

Attorney for [APPELLANT / APPELLEE]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], [ten (10)] copies of the foregoing Brief of [Appellant / Appellee] were filed with the Clerk of the Law Court and [two (2)] copies were served upon the following by [hand delivery / U.S. Mail / electronic means]:

[OPPOSING COUNSEL NAME]
[OFFICE / FIRM]
[ADDRESS]
[CITY], Maine [ZIP]

___________________________________________
[ATTORNEY NAME]

APPENDIX

☐ Docket entries from the trial court

☐ Judgment of conviction and sentence

☐ Relevant trial court orders

☐ Relevant portions of the transcript

☐ [Additional materials: ________________________________]

MAINE-SPECIFIC NOTES

• Appellate Court: All criminal appeals go to the Law Court (Supreme Judicial Court sitting as appellate court). 4 M.R.S. § 57.
• Time to Appeal: Notice of appeal must be filed within 21 days of judgment. Me. R. App. P. 2(b)(1).
• Briefing Deadlines: Appellant's brief due 40 days after the clerk sends notice that the record is complete. Me. R. App. P. 7A(f).
• Brief Length: Principal briefs may not exceed 50 pages without leave. Me. R. App. P. 7A(g).
• Preservation Requirement: Issues not raised below are generally not preserved, except for obvious error review under Me. R. App. P. 2(b)(4).
• Sentence Review: Maine has a Sentence Review Panel (15 M.R.S. § 2141 et seq.) for sentences of one year or more; this is a separate process from direct appeal.
• Copies: File 10 copies with the Clerk; serve 2 copies on each opposing party.