Ch. 110

1995 LAWS OF MARYLAND

the Constitution or laws of this State, or that the court was without jurisdiction to impose
the sentence, or that the sentence exceeds the maximum authorized by law, or that the
sentence is otherwise subject to collateral attack upon any ground of alleged error which
would otherwise be available under a writ of habeas corpus, writ of coram nobis, or other
common-law or statutory remedy, may institute a proceeding under this subtitle in the
circuit court for the county to set aside or correct the sentence, provided the alleged error
has not been previously and finally litigated or waived in the proceedings resulting in the
conviction, or in any other proceeding that the petitioner has taken to secure relief from
his conviction.

(2)     (I) A person may [not file more than 2 petitions] FILE. ONLY ONE
PETITION, arising out of each trial, for relief under this subtitle.

(II) THE COURT MAY IN ITS DISCRETION REOPEN A
POSTCONVICTION PROCEEDING THAT WAS PREVIOUSLY CONCLUDED IF THE COURT
DETERMINES THAT SUCH ACTION IS NECESSARY TO AVOID A MISCARRIAGE IN THE
INTERESTS OF JUSTICE.

(3)     (i) Subject to the provisions of subparagraph (ii) of this paragraph, in
a case in which a sentence of death has been imposed, the circuit court may not exercise
jurisdiction over [an initial] A proceeding under this subheading unless the petition [for
the initial proceeding] is filed within [240] 180 210 days after the date of:

1.        An order denying a petition for a writ of certiorari by the
Supreme Court of the United States;

2.        A decision affirming the death sentence by the Supreme
Court of the United States; or

3.        The expiration of the time for seeking review by the Supreme
Court of the United States if no review is sought.

(ii) The circuit court may extend the period within which the petition
[for an initial proceeding] shall be filed if good cause for the extension is shown.

[(4) Notwithstanding any other provision of law AND SUBJECT TO
PARAGRAPH (5) OF THIS SUBSECTION, a warrant of execution shall be stayed for 240 210
days after the date of:

(i) An order denying any petition for a writ of certiorari by the
Supreme Court of the United States;

(ii) A decision affirming the death sentence by the Supreme Court of
the United States; or

(iii) The expiration of the time for seeking review by the Supreme
Court of the United States if no review is sought.]

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