Rule 4-401 – How Commenced-Venue

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) Generally. A proceeding under the Uniform Post Conviction Procedure Act is commenced by the filing of a petition in the circuit court of the county where the conviction took place.(b) Following DNA Testing. If a petition for DNA testing was filed pursuant to Code,...

Rule 4-361 – Disability of Judge

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) After Verdict or Acceptance of Plea. If by reason of termination of office, death, sickness, or other disability, the judge before whom a defendant has been tried or by whom a plea of guilty or nolo contendere has been accepted is unable to perform an act or duty...

Rule 4-353 – Costs

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) Generally. Unless otherwise ordered by the court, a judgment of conviction, an order accepting a plea of nolo contendere, or a disposition by probation before judgment shall include an assessment of court costs against the defendant.(b) Special Costs. Costs...

Rule 4-352 – In Banc Review

by | May 13, 2021 | Criminal Prodcedure, Maryland

In banc review of a circuit court’s judgment or determination is governed by the provisions of Rule 2-551, except that the right of review does not apply to criminal actions exempted under the Maryland Constitution. In applying Rule 2-551, references to Rules...

Rule 4-351 – Commitment Record

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) Content. When a person is convicted of an offense and sentenced to imprisonment, the clerk shall deliver or transmit to the officer into whose custody the defendant has been placed a commitment record containing: (1) The name and date of birth of the defendant;(2)...