WILLIAM DONALD SCHAEFER, Governor Ch. 418

APPEALS BY FILING AN APPLICATION FOR LEAVE TO APPEAL IN
ACCORDANCE WITH THE MARYLAND RULES.

(E)  (1) NOT EARLIER THAN 6 MONTHS AFTER A FINDING OF
COMPETENCE, THE INMATE MAY PETITION THE COURT FOR A
REDETERMINATION OF COMPETENCE.

(2)  A PETITION UNDER THIS SUBSECTION MUST BE
ACCOMPANIED BY AN AFFIDAVIT OF AT LEAST ONE PSYCHIATRIST, BASED,
AT LEAST IN PART, ON PERSONAL EXAMINATION OF THE INMATE,
ATTESTING:

(I)  THAT, IN THE PSYCHIATRIST'S MEDICAL
OPINION, THE INMATE IS INCOMPETENT;

(II)  THAT THE INCOMPETENCE AROSE SINCE THE
PRIOR FINDING OF COMPETENCE; AND

(III)  THE PERTINENT FACTS ON WHICH EACH OPINION
IS BASED, INCLUDING THE FACTS THAT SHOW THE CHANGE IN THE
INMATE'S CONDITION SINCE THE PRIOR FINDING.

(3)  PROCEEDINGS ON A PETITION UNDER THIS SUBSECTION
SHALL BE IN ACCORDANCE WITH SUBSECTIONS (C) AND (D) OF THIS
SECTION.

(F)  THE FORM OF PETITIONS AND ALL OTHER PLEADINGS, AND
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE PROCEDURES TO
BE FOLLOWED BY THE CIRCUIT COURT IN DETERMINING COMPETENCY OR
INCOMPETENCY AND BY THE COURT OF APPEALS IN REVIEWING
APPLICATIONS FOR LEAVE TO APPEAL SHALL BE AS SPECIFIED IN THE
MARYLAND RULES.

(G)  THIS SECTION DOES NOT AFFECT THE POWER OF THE GOVERNOR
TO STAY EXECUTION OF A DEATH SENTENCE UNDER § 75(C) OF THIS
ARTICLE OR TO COMMUTE A DEATH SENTENCE UNDER ARTICLE 41, § 4-603
OF THE CODE.

Article - Courts and Judicial Proceedings

12-307.

The Court of Appeals has:

(1)  Jurisdiction to review a case or proceeding
pending in or decided by the Court of Special Appeals in
accordance with Subtitle 2 of this title;

(2)  Jurisdiction to review a case or proceeding
decided by a circuit court, in accordance with § 12-305 of this
article;

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