More Categories

Rule 4-711 – Further Proceedings Following Testing

May 13, 2021 | Criminal Prodcedure, Maryland

(a) If Test Results Unfavorable to Petitioner. If the test results fail to produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing, the court shall dismiss the petition and assess the cost of DNA testing against the petitioner.
(b) If Test Results Favorable to Petitioner

(1) If the test results produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing, the court shall order the State to pay the costs of the testing and:

(A) if no post conviction proceeding was previously filed by the petitioner under Code, Criminal Procedure Article, § 7-102, open such a proceeding;
(B) if a post conviction proceeding is currently pending, permit the petitioner to amend the petition in that proceeding; or
(C) if a post conviction proceeding was previously filed by the petitioner under Code, Criminal Procedure Article, § 7-102, reopen the proceeding under Code, Criminal Procedure Article, § 7-104; or
(D) if the court finds that a substantial possibility exists that the petitioner would not have been convicted if the DNA testing results had been known or introduced at trial, order a new trial.
(2) If the court finds that (A) the test results produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing but (B) a substantial possibility does not exist that the petitioner would not have been so convicted or sentenced if the test results had been known or introduced at trial, the court may order a new trial if it also finds that such action is in the interest of justice.
(3) If the court grants a new trial under subsection (b)(1)(D) or (b)(2) of this Rule, the court may order the release of the petitioner on bond or on conditions that the court finds will reasonably assure the presence of the petitioner at trial.

Md. Crim. Causes. 4-711

This Rule is new.

Adopted Sept. 10, 2009, eff. Oct. 1, 2009. Amended Nov. 1, 2012, eff. Jan. 1, 2013.

HISTORICAL NOTES

2012 Orders

The November 1, 2012, order, corrected internal references in section (b).

Code, Criminal Procedure Article, § 8-201(i).