§2165. Remand to Prison on Finding of Violation §2165. Remand to Prison

Total Page：16

File Type：pdf, Size：1020Kb

MRS Title 15, §2165. REMAND TO PRISON ON FINDING OF VIOLATION §2165. Remand to prison on finding of violation The Governor shall, upon receiving the notice provided for in section 2164, examine the case of such convict, and if it appears by his own admission or by evidence that he has violated the conditions of his pardon, the Governor shall order him to be remanded and confined for the unexpired term of the sentence. In computing the period of his confinement, the time between the pardon and the subsequent arrest shall not be reckoned as part of the term of his sentence. If it appears to the Governor that he has not broken the conditions of his pardon, he shall be discharged. [PL 1975, c. 771, §163 (AMD).] SECTION HISTORY PL 1975, c. 771, §163 (AMD). The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Regular Session of the 129th Maine Legislature and is current through October 1, 2020. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights. PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney. Generated 11.25.2020 §2165. Remand to prison on finding of violation | 1.

Copy Link

Recommended publications

Succeeding in Law School Ramy 03 Auto Cx 4/12/06 11:27 AM Page 41
ramy 00 front matter cx 4/12/06 11:27 AM Page i Succeeding in Law School ramy 03 auto cx 4/12/06 11:27 AM Page 41 chapter iii Reading and Briefing Cases Efficiently In order to be an active participant in your law school classes, you must learn how to read and understand case law. In addition, case briefing is an es- sential step in learning the individual legal principles necessary for success on your final examinations. As we discussed in Chapter I, most of your classes will emphasize the casebook method of learning.1 You will review literally hun- dreds of cases during your first year of law school, so you must have a plan in place so that you can assimilate, understand, and categorize everything you are learning. I have developed a multi-step process that will help you master this information. My active method of studying is no magic formula, and will require a great deal of work on your part. Mastery of your law school subjects is a process that will happen over time. My active studying methodology takes this into account, and allows you to address every topic slowly and from mul- tiple perspectives. The individual steps in the active study method are: • Read Your Cases Twice • Write a Case Brief and Then Correct It • Take Complete Notes, But Listen to the Lecturer • Review and Type Your Notes Within 24 Hours of Class • Incorporate Your Notes Into Your Course Outline More broadly, these steps can be summed up as pre-class preparation, in-class work, and post class review.
[Show full text]
Is Limited Remand Required If the District Court Admitted Or Excluded Evidence Without a Daubert Analysis?
The Journal of Appellate Practice and Process Volume 16 Issue 1 Article 3 2015 Is Limited Remand Required If the District Court Admitted or Excluded Evidence Without a Daubert Analysis? Robert B. Gilbreath Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess Part of the Civil Procedure Commons, Evidence Commons, and the Litigation Commons Recommended Citation Robert B. Gilbreath, Is Limited Remand Required If the District Court Admitted or Excluded Evidence Without a Daubert Analysis?, 16 J. APP. PRAC. & PROCESS 37 (2015). Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol16/iss1/3 This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. IS LIMITED REMAND REQUIRED IF THE DISTRICT COURT ADMITTED OR EXCLUDED EVIDENCE WITHOUT A DAUBERT ANALYSIS? Robert B. Gilbreath* I. INTRODUCTION How a federal court of appeals disposes of a case after ruling on the merits depends on two federal statutes. Under 28 U.S.C. § 2111, a federal court of appeals may not reverse in the absence of harmful error.1 Under 28 U.S.C. § 2106, once the court has determined that harmful error occurred, it may dispose of the appeal by directing the trial court to hold any further proceedings that may be appropriate.2 This article discusses the interplay between those statutes when the trial court has admitted or excluded evidence without first making the proper threshold finding on admissibility.3 In that situation, the question arises whether an appellate court must, instead of ordering a new trial, remand with instructions to the trial court to (i) determine whether the evidence was inadmissible, or if the court originally excluded the evidence, *Mr.
[Show full text]
In the United States District Court for the Northern District of Ohio Eastern Division
Case: 5:15-cv-00477-JRK Doc #: 27 Filed: 10/06/17 1 of 7. PageID #: <pageID> IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION STEPHANIE STARK, Case No. 5:15 CV 477 Plaintiff, v. Magistrate Judge James R. Knepp, II COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM OPINION AND ORDER INTRODUCTION Pending before the Court is Plaintiff Stephanie Stark’s Motion for Enforcement of Judgment. (Doc. 25). Defendant, the Commissioner of Social Security (“Commissioner”) filed a Response. (Doc. 26). For the reasons discussed below, Plaintiff’s Motion is DENIED. PROCEDURAL BACKGROUND On March 12, 2015, Plaintiff filed a complaint seeking judicial review of the Commissioner’s decision to deny benefits. (Doc. 1). Following briefing, the undersigned issued a Memorandum Opinion and Order on March 18, 2016, affirming the Commissioner’s decision in part, and reversing and remanding in part. (Doc. 20). The undersigned issued a Judgment Entry that same day. (Doc. 21). In the Memorandum Opinion and Order, the undersigned first rejected Plaintiff’s claim of error regarding the ALJ’s treatment of a treating physician opinion. (Doc. 20, at 11-13). The undersigned then agreed with Plaintiff’s second claim of error, regarding the ALJ’s discussion of her credibility, noting: “[t]he ALJ did not clearly articulate why she believed Plaintiff’s statements to be incredible and as such, failed to perform the requisite analysis.” Id. at 15. Thus, the Case: 5:15-cv-00477-JRK Doc #: 27 Filed: 10/06/17 2 of 7. PageID #: <pageID> undersigned concluded, “remand is appropriate for the ALJ to properly discuss Plaintiff’s credibility.” Id.at 16.1 On remand, the Appeals Council reconsidered Plaintiff’s claims and issued a new decision, adopting the prior ALJ’s decision in part, and supplementing the credibility analysis.
[Show full text]
Bail Reform Revisited: the Impact of New York's Amended Bail Law On
Bail Reform Revisited The Impact of New York’s Amended Bail Law on Pretrial Detention By Michael Rempel and Krystal Rodriguez Bail Reform Revisited: The Impact of New York’s Amended Bail Law on Pretrial Detention By Michael Rempel and Krystal Rodriguez © May 2020 Center for Court Innovation 520 Eighth Avenue, 18th Floor New York, New York 10018 646.386.3100 fax 212.397.0985 www.courtinnovation.org For correspondence, please contact Michael Rempel ([email protected]) or Krystal Rodriguez ([email protected]) at the Center for Court Innovation. Acknowledgements We would like to express our profound gratitude to a range of partners across New York who came together to forge an understanding of how New York’s bail statute has been amended and its significance for the future use of money bail and pretrial detention statewide. We are especially indebted to Alex Rhodd and Vincent Ciaccio at the Legal Aid Society who read and coded more than 600 case files of people charged with burglary in the second degree to help us estimate the significant, yet elusive, changes in the handling of this common charge. We thank Scott Levy at The Bronx Defenders who conducted a similar analysis in the Bronx. Also at the Legal Aid Society, we thank Marie Ndiaye for her valuable comments on an earlier draft. At the New York City Council, we benefited from the timely leadership of Brian Crow and Maxwell Kampfner-Williams, who organized an early multi-agency working session on April 3 and continued to offer suggestions and guidance in the days and weeks that followed.
[Show full text]
As Most Practitioners Know, Strict Compliance with Removal Statutes Is Required To
A PRIMER ON REMOVAL: DON’T LEAVE STATE COURT WITHOUT IT BY GREGORY C. COOK AND A. KELLY BRENNAN As most practitioners know, strict compliance with removal statutes is required to successfully remove an action from state to federal court. It goes without saying that courts heavily scrutinize removal documents to ensure not only that jurisdiction is established, but also that the removing party complied with the removal statutes in establishing jurisdiction. If the removing documents do not strictly comply with the removal statutes, courts are apt to remand the action, even if the defect in the removing documents is a minor technical defect of little substance. This is particularly so in the case of removals based on diversity jurisdiction. To avoid remand in this context, it is vital that practitioners approach removal with caution and an awareness of some common defects that can result in remand. This article addresses some of these defects and provides suggestions to removing defendants to avoid remand. BACKGROUND A party may remove an action from state to federal court; however, “[f]ederal courts are courts of limited jurisdiction.”1 Consequently, federal courts are empowered to hear only those cases that the Constitution or the Congress of the United States has authorized the federal courts to hear.2 Specifically, federal courts are empowered to hear those cases in which exclusive federal question jurisdiction lies, or alternatively where there is a complete diversity among the parties and the amount in controversy exceeds $75,000. Generally speaking, 28 U.S.C. §§ 1441 through 1452, govern the procedure for removal.
[Show full text]
A Comparison of the American and French(–Inspired) Appellate Model
A COMPARISON OF THE AMERICAN AND FRENCH(–INSPIRED) APPELLATE MODEL Tesis Submitted as Partial Fulfilment of the Requirements for the Degree of Master of Judicial Studies by Frederic BLOCKX Both the American and the French legal syﬆem have a three-tiered ﬆrucure. However, the respecive roles and funcions of the courts on each ﬆep of the ladder is vaﬆly different in both. Whereas the general syﬆem in the U.S. is to have one trial court and two ‘higher’ courts (a court of appeals and a supreme court), the French / European continental syﬆem consiﬆs of two ‘facual’ courts (the basic level and the court of appeals), and one ‘legal’ (the supreme court) with limited or even inexiﬆent possibilities to look at the facs. Te purpose of this thesis is to look at these two models of division of labor between the three tiers through the lens of (i) the procedural leeway each of the courts has and (ii) their focus on fac or law, in funcion of what queﬆions can be raised in appeal and have to be answered by the courts. We will add Germany to the comparison, as (i) the ﬆrucure of its court syﬆem was inspired by the French, but (ii) has evolved over the years and has been recently (2002) over- hauled specifically as to appeals, both to the second level of courts and to the supreme court. We will do so by examining the avenues open for the parties in filing an appeal as well as for the courts in adjudicating those. It will be clear that the diﬆinc philosophies regarding the appellate syﬆems have influence on the entire organization of the different court syﬆems.
[Show full text]
Remands Are a Consequence of Administrative Law So Why Are We All So Frustrated?
REMANDS ARE A CONSEQUENCE OF ADMINISTRATIVE LAW SO WHY ARE WE ALL SO FRUSTRATED? MICHELE D. LYNCH1 December 1, 2014 I. Introduction and Summary Mention the word “remand” in a room of trade practitioners and let the fun begin. No matter who you represent - petitioners, respondents or Government agency - a remand means more time and resources on an issue or on multiple issues that typically have already been extensively argued, and multiple remands in the same case simply magnify those resource issues. Although remands are an integral part of administrative law practice which obviously includes trade remedies law, they can frustrate all parties. These multi-layered frustrations have many asking whether the remand process can be “fixed.” A quick survey of recent Court of International Trade and the U.S. Court of Appeals for the Federal Circuit Judicial Conference agendas reveals that the remand process with its twists and turns is not a new topic. It would be remiss of me not to mention a few of these prior articles and commend them to your attention because the structure of the remand process with its inherent problems has not changed. Specifically, prior panelists have addressed the parameters of the courts’ authority in issuing remand instructions to the agencies2; whether the agencies can explain their disagreements with the court’s decisions in their remand determinations;3 and comprehensively examined the various types of agency remand determinations.4 Compellingly, this past October The Brooklyn Journal of International Law published an article co-authored by Judge Restani and Ira Bloom entitled The Nippon Quagmire: Article III Courts and Finality of United States Court of International Trade Decisions which examines 1 Michele Lynch is Senior Counsel for Litigation, Trade Enforcement and Compliance, U.S.
[Show full text]
G.S. 20-38.7 Page 1
§ 20-38.7. Appeal to superior court. (a) The State may appeal to superior court any district court preliminary determination granting a motion to suppress or dismiss. If there is a dispute about the findings of fact, the superior court shall not be bound by the findings of the district court but shall determine the matter de novo. Any further appeal shall be governed by Article 90 of Chapter 15A of the General Statutes. (b) The defendant may not appeal a denial of a pretrial motion to suppress or to dismiss but may appeal upon conviction as provided by law. (c) Notwithstanding the provisions of G.S. 15A-1431, for any implied-consent offense that is first tried in district court and that is appealed to superior court by the defendant for a trial de novo as a result of a conviction, when an appeal is withdrawn or a case is remanded back to district court, the sentence imposed by the district court is vacated and the district court shall hold a new sentencing hearing and shall consider any new convictions unless one of the following conditions is met: (1) If the appeal is withdrawn pursuant to G.S. 15A-1431(c), the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court. (2) If the appeal is withdrawn and remanded pursuant to G.S. 15A-1431(g), the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court. (3) If the appeal is withdrawn and remanded pursuant to G.S.
[Show full text]
Remand and Appellate Review When a District Court Declines to Exercise Supplemental Jurisdiction Under 28 USC § 1367(C)
Mississippi College School of Law MC Law Digital Commons Journal Articles Faculty Publications 2008 Remand and Appellate Review When a District Court Declines to Exercise Supplemental Jurisdiction Under 28 U.S.C. § 1367(c): Carlsbad Technology, Inc. v. HIF Bio, Inc. Deborah Challener Mississippi College School of Law, [email protected] John B. Howell III Watkins & Eager PLLC Follow this and additional works at: http://dc.law.mc.edu/faculty-journals Part of the Civil Procedure Commons Recommended Citation 81 Temp. L. Rev. 1067 (2008). This Article is brought to you for free and open access by the Faculty Publications at MC Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of MC Law Digital Commons. For more information, please contact [email protected]. REMAND AND APPELLATE REVIEW WHEN A DISTRICT COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION UNDER 28 U.S.C. § 1367(C) Deborah J. Challener* & John B. Howell, III** TABLE OF CONTENTS I. INTRODUCTION.............................................................................................. 1068 II. BACKGROUND OF SUPPLEMENTAL JURISDICTION AND § 1447(C) AND (D) ................................................................................................................... 1070 A. Supplemental Jurisdiction.................................................................... 1070 1. History............................................................................................. 1070 2. Supplemental Jurisdiction and Removal ..................................
[Show full text]
Garratt V. Dailey, 46 Wash.2D 197 (1955) 279 P.2D 1091
For Educational Use Only Garratt v. Dailey, 46 Wash.2d 197 (1955) 279 P.2d 1091 at which time he discovered the plaintiff, Ruth Garratt, 46 Wash.2d 197 about to sit down at the place where the lawn chair had Supreme Court of Washington, Department 2. formerly been, at which time he hurriedly got up from the chair and attempted to move it toward Ruth Garratt to aid Ruth GARRATT, Appellant, her in sitting down in the chair; that due to the v. defendant’s small size and lack of dexterity he was unable Brian DAILEY, a Minor, by George S. Dalley, his to get the lawn chair under the plaintiff in time to prevent Guardian ad Litem, Respondent. her from falling to the ground. That plaintiff fell to the ground and sustained a fracture of her hip, and other No. 32841. | Feb. 14, 1955. | Rehearing Denied May injuries and damages as hereinafter set forth. 3, 1955. ‘IV. That the preponderance of the evidence in this case establishes that when the defendant, Brian Dailey, moved [Redacted Westlaw Summary and Headnotes] the chair in question he did not have any wilful or Attorneys and Law Firms unlawful purpose in doing so; that he did not have any intent to injure the plaintiff, or any intent to bring about *198 **1092 Kennett, McCutcheon & Soderland, Seattle, any unauthorized or offensive contact with her person or James P. Healy, Tacoma, for appellant. any objects appurtenant thereto; that the circumstances which immediately preceded the fall of the plaintiff Frederick J. Orth, Rode, Cook, Watkins & Orth, Seattle, established that the defendant, Brian Dailey, did not have for respondent.
[Show full text]
Rethinking Remand for Women
Reset: Rethinking remand for women Key points • The presumption of innocence and the right • Under a law redolent of Victorian values, too to liberty are fundamental principles of a fair many women are remanded to prison for their criminal justice system. Remanding a person “own protection” to prison runs contrary to these key notions • The current approach to remand hearings and should be an exceptional measure penalises women – remand decision-making • Too often women are inappropriately needs to be rethought and reformed to remanded into custody – almost two-thirds of enable judges and magistrates to take a women remanded to prison by magistrates distinct approach to women are either found not guilty or are given a • Remand decisions for women are critically community outcome important and often complex and demanding. • The vast majority of women remanded to They need to be acknowledged as such prison to await trial or sentence could safely • In order to make fair and appropriate remand be released on bail, to the advantage of their decisions, judges and magistrates need families, their communities and the wider guidance and good information about those criminal justice system appearing before them, particularly women, • Being remanded to prison is a particularly and about the services they can access in devastating and punitive experience for the community women, and it is damaging to any children • The Howard League for Penal Reform is who depend on them working for significant legislative and practice • Foreign national and Black, Asian and reform of remand processes to ensure that minority ethnic women are even more likely women are only remanded to prison in the to be remanded without sufficient reason most exceptional and serious cases.
[Show full text]
In the United States District Court for the Western District of Pennsylvania
Case 2:16-cv-01696-DSC-LPL Document 10 Filed 01/23/17 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA FRANK N. SMOYER, as Administrator ) for the Estate of KATHERINE E. ) No. 2:16-cv-1696 SMOYER, Deceased, ) ) District Judge David Stewart Cercone Plaintiff, ) Magistrate Judge Lisa Pupo Lenihan ) v. ) ) ECF No. 4 CARE ONE, LLC, et al., ) ) Defendants. ) ) REPORT AND RECOMMENDATION I. RECOMMENDATION It is respectfully recommended that Plaintiff’s Motion to Remand (ECF No. 4) be granted and this case be remanded to the Court of Common Pleas of Westmoreland County forthwith. II. REPORT A. Factual Background & Procedural History Currently pending before the Court is Plaintiff’s Motion to Remand (ECF No. 4). This state common law negligence, corporate negligence/liability, breach of fiduciary duty, and wrongful death and survivor action arises from Defendants’ alleged custodial abuse and neglect of decedent Katherine Smoyer, while she was a resident of their nursing facility known as the Rehabilitation and Nursing Center of Greater Pittsburgh Case 2:16-cv-01696-DSC-LPL Document 10 Filed 01/23/17 Page 2 of 22 (the “Facility”). Ms. Smoyer allegedly suffered severe injuries and illnesses while under Defendants’ care and supervision, including a fall that resulted in an open right trimalleolar ankle fracture and dislocation requiring surgical repair, a coccyx fungal rash, and a vancomycin-resistant enterococci infection, poor hygiene, severe pain, and ultimately death. Plaintiff, the administrator of decedent’s estate, instituted this civil action on October 17, 2016, by filing a Complaint in the Court of Common Pleas of Westmoreland County, Pennsylvania (“State Court”).
[Show full text]