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Session Laws, 1973, Special Session
Volume 710, Page 240   View pdf image
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240                                           LAWS OF MARYLAND                                [Ch. 2

(A)   DEATH SENTENCE CASES.

IF THE DEATH SENTENCE IS IMPOSED AND A DEFENDANT
FILES A PETITION UNDER OATH ALLEGING THE FACT OF HIS
POVERTY AND HIS INABILITY TO PAY THE COSTS OF
PROSECUTING AN APPEAL AND FILES AN ORDER FOR APPEAL IN
ACCORDANCE WITH THE MARYLAND RULES, THE SENTENCING
COURT SHALL ORDER THE STATE TO PAY THE COSTS. A COPY
OF THE ORDER SHALL BE INCLUDED IN THE RECORD
TRANSMITTED TO THE COURT OF APPEALS.

(B)   OTHER CRIMINAL CASES.

IF A DEFENDANT IN A CRIMINAL CASE HAS A RIGHT TO
APPEAL OR APPLY FOR LEAVE TO APPEAL TO THE COURT OF
SPECIAL APPEALS AND FILES WITH HIS ORDER OF APPEAL OR
APPLICATION FOR LEAVE TO APPEAL A PETITION UNDER OATH
ALLEGING THE FACT OF HIS POVERTY AND HIS INABILITY TO
PAY THE COSTS, THE SENTENCING OR HEARING COURT BELOW,
UPON BEING SATISFIED THAT THE ALLEGATIONS ARE TRUE,
SHALL ORDER THE STATE TO PAY THE COSTS. A COPY OF THE
ORDER SHALL BE INCLUDED IN THE RECORD TRANSMITTED TO
THE COURT OF SPECIAL APPEALS.

(C)   CERTIORARI IN CRIMINAL CASES.

IF A DEFENDANT IN A CRIMINAL CASE HAS A RIGHT TO
FILE A PETITION FOR A WRIT OF CERTIORARI IN THE COURT
OF APPEALS OR COURT OF SPECIAL APPEALS AND FILES A
PETITION UNDER OATH ALLEGING THE FACT OF HIS POVERTY
AND HIS INABILITY TO PAY THE COSTS OF FILING THE
PETITION, THE COURT IN WHICH THE PETITION IS FILED,
UPON BEING SATISFIED THAT THE ALLEGATIONS ARE TRUE,
SHALL ORDER THE STATE TO PAY THE COSTS OF FILING THE
PETITION, AND IF IT IS GRANTED, THE COSTS OF APPEAL.

(D)   FILING FEES NOT CHARGED.

IF FOR THE PURPOSES OF AN APPEAL, APPLICATION FOR
LEAVE TO APPEAL, OR WRIT OF CERTIORARI, A COURT FINDS
A DEFENDANT INDIGENT, THERE SHALL BE NO FILING FEES IN
THE COURT OF APPEALS OR THE COURT OF SPECIAL APPEALS.

(E)   COUNSEL FEES ALLOWED.

THE COURT OF APPEALS OR THE COURT OF SPECIAL
APPEALS MAY ALLOW A COURT APPOINTED COUNSEL A
REASONABLE COUNSEL FEE FOR SERVICES RENDERED THE
DEFENDANT. THE FEE SHALL BE PAID BY THE STATE.

REVISOR'S NOTE: This section is new language

 

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Session Laws, 1973, Special Session
Volume 710, Page 240   View pdf image
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