by admin | 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...
by admin | May 13, 2021 | Criminal Prodcedure, Maryland
(a) DNA Testing.(1)Denial of Petition. The court shall deny a petition for DNA testing if it finds that:(A) the State has made an adequate search for scientific identification evidence that is related to the judgment of conviction, that no such evidence exists within...
by admin | May 13, 2021 | Criminal Prodcedure, Maryland
(a) When Required. Except as otherwise provided in subsection (b)(2) of this Rule, the court shall hold a hearing if, from the petition, answer, and any response, the court finds that the petitioner has standing to file the petition and the petition is filed in the...
by admin | May 13, 2021 | Criminal Prodcedure, Maryland
The petitioner may file a response to the answer no later than 60 days after the later of service of the State’s answer or entry of an order appointing counsel pursuant to Rule 4-707. The response may (1) challenge the adequacy or the accuracy of the answer, (2)...
by admin | 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)...
by admin | May 13, 2021 | Criminal Prodcedure, Maryland
(a) Duty to File. The State’s Attorney shall file an answer to the petition or a motion to transfer based on improper venue.(b) Motion to Transfer.(1)Time for Filing. A motion to transfer shall be filed no later than 30 days after the State’s Attorney...
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