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§ 7-108. Assistance of counsel and hearing

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, § 7-108
§ 7-108. Assistance of counsel and hearing
Right to assistance of counsel and hearing
(a) Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title.
Reopening of postconviction proceeding or appeal from judgment of conviction
(b)(1) If a person seeks to reopen a postconviction proceeding under § 7-104 of this subtitle, the court shall determine whether assistance from counsel or a hearing should be granted.
(2) If an appeal has been taken from the judgment of conviction to the Appellate Court of Maryland, until the judgment of conviction becomes final in the Appellate Court of Maryland, the court need not:
(i) appoint counsel;
(ii) hold a hearing; or
(iii) act on the petition.


Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2023, c. 49, § 6.
Formerly Art. 27, § 645A.
MD Code, Criminal Procedure, § 7-108, MD CRIM PROC § 7-108
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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