Rule 4-406 – Hearing

by | May 13, 2021 | Criminal Prodcedure, Maryland

(a) When Required. A hearing shall be held promptly on a petition under the Uniform Post Conviction Procedure Act unless the parties stipulate that the facts stated in the petition are true and that the facts and applicable law justify the granting of relief. If a...

Rule 4-405 – Withdrawal

by | May 13, 2021 | Criminal Prodcedure, Maryland

The court may grant permission to withdraw the petition without prejudice at any time before the date of the hearing, and thereafter only for good cause.Md. Crim. Causes. 4-405 This Rule is derived from the second sentence of former Rule BK43 b.Adopted April 6, 1984,...

Rule 4-404 – Response

by | May 13, 2021 | Criminal Prodcedure, Maryland

The State’s Attorney shall file a response to the petition within 15 days after notice of its filing, or within such further time as the court may order. No other paper shall be filed except as ordered by the court.Md. Crim. Causes. 4-404 This Rule is derived...

Rule 4-403 – Notice of Petition

by | May 13, 2021 | Criminal Prodcedure, Maryland

Upon receipt of a post conviction petition, the clerk shall promptly notify the county administrative judge and the State’s Attorney. When the petition relates to an action tried in that court, it shall be filed in the action. If the petition alleges that the...

Rule 4-402 – Petition

by | 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...