such standard is intended to be applied retrospectively and would thereby affect the
validity of the petitioner's conviction or sentence.

(e) The remedy herein provided is not a substitute for, nor does it affect any
remedies which are incident to the proceedings in the trial court or any remedy of
direct review of the sentence or conviction. Except as provided in subsection (a)(3) of
this section, a petition for relief under this subtitle may be filed at any time, except
that where an appeal has been taken from the judgment of conviction to the Court of
Special Appeals, it shall not be necessary to appoint counsel or conduct a hearing or
take any action whatsoever on the petition, until the judgment of conviction becomes
final in the Court of Special Appeals. No appeals to the Court of Appeals or the Court
of Special Appeals in habeas corpus or coram nobis cases, or from other common-law
or statutory remedies which have heretofore been available for challenging the
validity of incarceration under sentence of death or imprisonment shall be permitted
or entertained, except appeals in such cases pending in the Court of Appeals on June
1, 1958, shall be processed in due course. Provided, however, that nothing in this
subtitle shall operate to bar an appeal to the Court of Special Appeals (1) in a habeas
corpus proceeding instituted under § 2-210 of Article 41 of this Code or (2) in any
other proceeding in which a writ of habeas corpus is sought for any purpose other
than to challenge the legality of a conviction of a crime or sentence of death or
imprisonment therefor, including confinement as a result of a proceeding under
Article 31B of this Code.

(f) (1) Subject to paragraph (2) of this subsection, a petitioner is entitled to
the assistance of counsel and a hearing oh a petition filed under this section.

(2) If a defendant seeks to reopen a postconviction proceeding under
subsection (a)(2)(iii) of this section, the court shall determine whether assistance of
counsel or a hearing should be granted.

(g) (1) The date for a hearing on a petition filed in a case in which a sentence
of death has been imposed shall:

(i) Be set within 30 days after the day on which the petition is

filed; and

(ii) Be no later than 90 days after the day on which the petition is

filed.

(2) After the hearing date is set under paragraph (1) of this subsection,
the court may not change the date unless:

(i) A party files a motion requesting the change; and

(ii) Good cause for the change is shown.

(3) The court shall issue a decision on a petition filed in a case in which
a sentence of death has been imposed within 90 days after the hearing on the petition.

(4) This subsection may be enforced by either party through the filing of
a petition for writ of mandamus in the Court of Appeals.