State of Maine v. Jeff Belony
2025 ME 26
| Me. | 2025Background
- Jeff Belony was charged and convicted in Maine for aggravated trafficking of scheduled drugs and criminal forfeiture after pleading guilty, reserving the right to appeal a suppressed motion.
- The trial court entered judgment and sentenced Belony on May 10, 2024, with execution of his sentence stayed until June 14, 2024.
- Belony filed a notice of appeal on June 3, 2024, which was three days past the 21-day filing deadline set by the Maine Rules of Appellate Procedure.
- The trial court granted an extension of the stay and forwarded Belony's late notice of appeal to the Law Court; the appeal was accepted and scheduled for argument.
- The Supreme Judicial Court later questioned its jurisdiction due to the late appeal and requested supplemental briefing from both parties on this issue.
Issues
| Issue | Belony's Argument | State's Argument | Held |
|---|---|---|---|
| Was the appeal timely filed? | Argued oral and email evidence shows filing was attempted by the 21-day deadline. | Silent on the timing, but did not contest it. | The appeal was not timely; date-stamped by clerk after deadline. |
| Did the trial court implicitly grant an extension to file? | Claimed that docketing the appeal and extending the stay was an implicit extension. | Did not argue this point. | Trial court did not affirmatively extend the appeal period; explicit action needed. |
| Could Belony seek retroactive relief for late filing? | Asserted he could have sought extension if told earlier, and would have had good cause. | Not addressed directly. | Not persuasive; no evidence or attested good excuse for late filing provided. |
| Can the Law Court (appellate court) grant an extension? | Claimed the appellate court could (and did) grant an extension when it accepted the appeal. | Did not oppose consideration. | Only trial court has authority to grant extensions for appeal time; appellate court is barred. |
Key Cases Cited
- Est. of Sheltra, 2020 ME 108 (time requirements for appeal are jurisdictional and court must observe them)
- Begin v. Jerry’s Sunoco, Inc., 435 A.2d 1079 (Me. 1981) (court must consider jurisdictional questions on its own)
- Collins v. Dep’t of Corr., 2015 ME 112 (strict compliance required for appeal deadlines)
- Boulette v. Boulette, 2016 ME 177 (untimely appeals must be dismissed for lack of jurisdiction)
- State v. Pelletier, 636 A.2d 989 (Me. 1994) (late appeal is fatal and deprives appellate court of authority)
- State v. Loftus, 631 A.2d 903 (Me. 1993) (defendant cannot revive right to appeal by procedural maneuvering)
- State v. Williams, 510 A.2d 537 (Me. 1986) (appeal dismissed due to lack of excusable neglect for late filing)