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Rule 4-402 – Petition

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Content. The petition shall state whether or not petitioner is able to pay costs of the proceeding or to employ counsel and shall include:

(1) The petitioner’s name, place of confinement, and inmate identification number.
(2) The place and date of trial, the offense for which the petitioner was convicted, and the sentence imposed.
(3) The allegations of error upon which the petition is based.
(4) A concise statement of facts supporting the allegations of error.
(5) The relief sought.
(6) A statement of all previous proceedings, including appeals, motions for new trial and previous post conviction petitions, and the determinations made thereon.
(7) A statement of the facts or special circumstances which show that the allegations of error have not been waived.

Committee note: See Code, Criminal Procedure Article, Title 7 and Curtis v. State, 284 Md. 132 (1978).

(b) Argument or Citation. The petition may, but need not, include a concise argument or citation of authority.
(c) Amendment. Amendment of the petition shall be freely allowed in order to do substantial justice.

Md. Crim. Causes. 4-402

This Rule is derived as follows:

Section (a) is derived from former Rule BK41 a.

Section (b) is derived from former Rule BK41 c.

Section (c) is derived from former Rule BK41 d.

Adopted April 6, 1984, eff. July 1, 1984. Amended Oct. 31, 2002, eff. Jan. 1, 2003.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order, amended the committee note following section (a).