PARRIS N. GLENDENING, Governor

Ch. 110

(4) (5) (I) A DEFENDANT IN A CASE IN WHICH A SENTENCE OF
DEATH HAS BEEN IMPOSED MAY WAIVE THE RIGHT TO FILE A PETITION UNDER
THIS SUBHEADING PRIOR TO THE EXPIRATION OF THE 180 DAY 210-DAY PERIOD
ESTABLISHED IN PARAGRAPH (3) OF THIS SUBSECTION PROVIDED THAT THE
WAIVER IS:

1. KNOWING, VOLUNTARY, AND INTELLIGENT; AND

2. IN WRITING,

(II) A WAIVER UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH
MAY BE REVOKED NO LATER THAN 15 DAYS BEFORE THE SCHEDULED DATE OF
EXECUTION BY;

1. FILING A PETITION FOR POSTCONVICTION RELIEF UNDER
THIS SECTION SUBHEADING; OR

2. WITHDRAWING THE WAIVER IN WRITING.

(II) (III) A WAIVER OF THE RIGHT TO FILE A PETITION UNDER
THIS SUBHEADING PRIOR TO THE EXPIRATION OF THE 180 DAY 210-DAY PERIOD
ESTABLISHED IN PARAGRAPH (3) OF THIS SUBSECTION SHALL CONCLUDE THE
STATE POSTCONVICTION REVIEW PROCESS FOR THE PURPOSES OF § 75 OF THIS
ARTICLE.

(IV)    THE REVOCATION OF A WAIVER UNDER SUBPARAGRAPH (II)1
OF THIS PARAGRAPH SHALL CONTINUE THE STATE POSTCONVICTION REVIEW
PROCESS FOR THE PURPOSES OF § 75 OF THIS ARTICLE.

(V)     THE REVOCATION OF A WAIVER UNDER SUBPARAGRAPH (II)2
OF THIS PARAGRAPH SHALL CONTINUE THE STATE POSTCONVICTION REVIEW
PROCESS FOR THE PURPOSES OF § 75 OF THIS ARTICLE UNTIL THE FILING OF A
PETITION FOR POSTCONVICTION RELIEF OR THE EXPIRATION OF THE 180 DAY
210-DAY PERIOD ESTABLISHED IN PARAGRAPH (3) OF THIS SUBSECTION, WHICHEVER
OCCURS FIRST.

(b)     For the purposes of this subtitle, an allegation of error shall be deemed to be
finally litigated when an appellate court of the State has rendered a decision on the
merits thereof, either upon direct appeal or upon any consideration of an application for
leave to appeal filed pursuant to § 645-I of this subtitle; or when a court of original
jurisdiction, after a full and fair hearing, has rendered a decision on the merits thereof
upon a petition for a writ of habeas corpus or a writ of error coram nobis, unless said
decision upon the merits of such petition is clearly erroneous.

(c)      (1) For the purposes of this subtitle, an allegation of error shall be deemed
to be waived when a petitioner could have made, but intelligently and knowingly failed to
make, such allegation before trial, at trial, on direct appeal (whether or not the petitioner
actually took such an appeal), in an application for leave to appeal a conviction based on
a guilty plea, in any habeas corpus or coram nobis proceeding actually instituted by said

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