State v. Jakubowski

Summary

The Maine Supreme Judicial Court dismissed James Jakubowski’s appeal from the termination of his participation in an adult drug treatment court program. The court held that the termination was properly viewed as a revocation of post-conviction bail, which was not reviewable by the Law Court under the circumstances presented.

Holdings

1. An order terminating a defendant's participation in drug court under post-conviction bail conditions is properly viewed as a revocation of post-conviction bail when the termination is based on violation of those conditions and the court's discretionary determination that the violation warrants termination.
2. A revocation of post-conviction bail is not reviewable by the Law Court either immediately or in an appeal from a subsequent final judgment; an eligible defendant may instead appeal the revocation to a single justice of the Supreme Judicial Court under 15 M.R.S.A. § 1099-A when held in custody because of the revocation.
3. Jakubowski's appeal was moot because he was not in custody as a result of the bail revocation, or was held for only minutes before sentencing and probation revocation.

Questions Presented

1. Whether the order terminating Jakubowski's participation in drug court was properly characterized as a revocation of post-conviction bail.
2. Whether a revocation of post-conviction bail was reviewable by the Law Court immediately or on appeal from a later final judgment.
3. Whether Jakubowski's appeal was moot because he was not in custody as a result of the bail revocation.

Disposition

dismissed