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RULE 4-401. HOW COMMENCED--VENUE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 400. Post Conviction Procedure
MD Rules, Rule 4-401
RULE 4-401. HOW COMMENCED--VENUE
(a) Generally. A proceeding under the Uniform Post Conviction Procedure Act is commenced by the filing of a petition in the circuit court of the county where the conviction took place.
(b) Following DNA Testing. If a petition for DNA testing was filed pursuant to Code, Criminal Procedure Article, ยง 8-201, and the test results were favorable to the petitioner, the court shall (1) reopen a post conviction proceeding previously commenced under section (a) of this Rule or (2) if no post conviction proceeding has been initiated, treat the petition for DNA testing as a petition under section (a) of this Rule.
Source: This Rule is derived in part from former Rule BK40 and is in part new.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended April 5, 2005, eff. July 1, 2005.]
MD Rules, Rule 4-401, MD R CR Rule 4-401
Current with amendments received through December 1, 2022. Some sections may be more current, see credits for details.
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