§ 8-301. Petitions for writ of actual innocence
West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2018
Effective: October 1, 2018
MD Code, Criminal Procedure, § 8-301
§ 8-301. Petitions for writ of actual innocence
(a) A person charged by indictment or criminal information with a crime triable in circuit court and convicted of that crime may, at any time, file a petition for writ of actual innocence in the circuit court for the county in which the conviction was imposed if the person claims that there is newly discovered evidence that:
(b) A petition filed under this section shall:
(c)(1) A petitioner shall notify the State in writing of the filing of a petition under this section.
(d)(1) Before a hearing is held on a petition filed under this section, the victim or victim's representative shall be notified of the hearing as provided under § 11-104 or § 11-503 of this article.
(e)(1) Except as provided in paragraph (2) of this subsection, the court shall hold a hearing on a petition filed under this section if the petition satisfies the requirements of subsection (b) of this section and a hearing was requested.
(f)(1) If the conviction resulted from a trial, in ruling on a petition filed under this section, the court may set aside the verdict, resentence, grant a new trial, or correct the sentence, as the court considers appropriate.
(2)(i) If the conviction resulted from a guilty plea, an Alford plea, or a plea of nolo contendere, when assessing the impact of the newly discovered evidence on the strength of the State's case against the petitioner at the time of the plea, the court may consider admissible evidence submitted by either party, in addition to the evidence presented as part of the factual support of the plea, that was contained in law enforcement files in existence at the time the plea was entered.
(ii) If the court determines that, when considered with admissible evidence, in addition to the evidence presented as part of the factual support of the plea, that was contained in law enforcement files in existence at the time the plea was entered, the newly discovered evidence establishes by clear and convincing evidence the petitioner's actual innocence of the offense or offenses that are the subject of the petitioner's motion, the court may:
(h) If the petitioner was convicted as a result of a guilty plea, an Alford plea, or a plea of nolo contendere, an appeal may be taken either by the State or the petitioner from an order entered under this section.
(i) On written request by the petitioner, the State's Attorney may certify that a conviction was in error, if:
Credits
Added by Acts 2009, c. 744, § 1, eff. Oct. 1, 2009. Amended by Acts 2010, c. 233, § 1, eff. May 4, 2010; Acts 2010, c. 234, § 1, eff. May 4, 2010; Acts 2017, c. 799, § 1, eff. Oct. 1, 2017; Acts 2017, c. 800, § 1, eff. Oct. 1, 2017; Acts 2018, c. 602, § 1, eff. Oct. 1, 2018.
MD Code, Criminal Procedure, § 8-301, MD CRIM PROC § 8-301
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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