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Session Laws, 1999
Volume 796, Page 3485   View pdf image
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(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 a proceeding under this subheading unless the petition is
filed within 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 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 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.

(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 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

subheading; or

2. Withdrawing the waiver in writing.

(iii) A waiver of the right to file a petition under this subheading
prior to the expiration of the 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.

 

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Session Laws, 1999
Volume 796, Page 3485   View pdf image
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