Article 27 - Crimes and Punishments
594.
(A) All motions for new trials in criminal cases shall be heard by the court in
which said motion is pending within ten days after the filing of said motion, or, in the
event of an agreed statement of the evidence, or a statement of the evidence certified
by the judge before whom the case was tried, is filed, within ten days after the filing
of said statement; provided, however, that the time for the hearing of any such motion
may be extended either by an agreement in writing, signed by the State's Attorney of
the county or the City of Baltimore, wherein such motion is pending, and by the
defendant or his counsel, or by an order signed by the trial judge.
(B) BEFORE A HEARING UNDER THIS SECTION, THE VICTIM OR VICTIM'S
REPRESENTATIVE SHALL BE NOTIFIED OF THE PROCEEDING AS PROVIDED UNDER §
770 OR § 784 OF THIS ARTICLE.
(C) A VICTIM OR VICTIM'S REPRESENTATIVE SHALL HAVE THE RIGHT TO
ATTEND A HEARING UNDER THIS SECTION AS PROVIDED UNDER § 857 OF THIS
ARTICLE.
645A.
(a) (1) Subject to the provisions of paragraphs (2) and (3) of this subsection,
any person convicted of a crime and either incarcerated under sentence of death or
imprisonment or on parole or probation, including any person confined or on parole or
probation as a result of a proceeding before the District Court who claims that the
sentence or judgment was imposed in violation of the Constitution of the United
States or 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 file only one petition, arising out of each trial, for
relief under this subtitle.
(ii) Unless extraordinary cause is shown, in a case in which a
sentence of death has not been imposed, a petition under this subtitle may not be filed
later than 10 years from the imposition of sentence.
(iii) The court may in its discretion reopen a postconviction
proceeding that was previously concluded if the court determines that such action is
in the interests of justice.
|