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Rule 4-707 – Denial of Petition; Appointment of Counsel

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Denial of Petition. Upon consideration of the State’s answer, the court may deny the petition if it finds as a matter of law that (1) the petitioner has no standing or (2) the facts alleged in the petition do not entitle the petitioner to relief.
(b) Appointment of Counsel. If the court finds that a petitioner who has requested the appointment of counsel is indigent, the court may appoint counsel within 30 days after the State has filed its answer unless (1) the court denies the petition as a matter of law or (2) counsel has already filed an appearance to represent the petitioner.

Md. Crim. Causes. 4-707

This Rule is new.

Adopted Sept. 10, 2009, eff. Oct. 1, 2009. Amended Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2015 Orders

The December 7, 2015, order, in (b) substituted the word “may” for the word “shall.”