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§ 7-107. Effect of postconviction remedy on trial proceedings and appeals

West's Annotated Code of MarylandCriminal ProcedureEffective: December 14, 2022

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 7. Uniform Postconviction Procedure Act (Refs & Annos)
Subtitle 1. In General (Refs & Annos)
Effective: December 14, 2022
MD Code, Criminal Procedure, § 7-107
§ 7-107. Effect of postconviction remedy on trial proceedings and appeals
Construction with remedies incident to proceedings or remedies of direct review of sentence or conviction
(a) The remedy provided under this title is not a substitute for and does not affect any remedy that is incident to the proceedings in the trial court or any remedy of direct review of the sentence or conviction.
Appeals
(b)(1) In a case in which a person challenges the validity of confinement under a sentence of imprisonment by seeking the writ of habeas corpus or the writ of coram nobis or by invoking a common law or statutory remedy other than this title, a person may not appeal to the Supreme Court of Maryland or Appellate Court of Maryland.
(2) This subtitle does not bar an appeal to the Appellate Court of Maryland:
(i) in a habeas corpus proceeding begun under § 9-110 of this article; or
(ii) in any other proceeding in which a writ of habeas corpus is sought for a purpose other than to challenge the legality of a conviction of a crime or sentence of imprisonment for the conviction of the crime, including confinement as a result of a proceeding under Title 4 of the Correctional Services Article.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2013, c. 156, § 3, eff. Oct. 1, 2013; Acts 2023, c. 49, § 6.
Formerly Art. 27, § 645A.
MD Code, Criminal Procedure, § 7-107, MD CRIM PROC § 7-107
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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