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Rule 4-401 – How Commenced-Venue

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, Criminal Procedure Article, ยง 8-201, and the test results were favorable to the petitioner, the court shall (1) reopen a post conviction proceeding previously commenced under section (a) of this Rule or (2) if no post conviction proceeding has been initiated, treat the petition for DNA testing as a petition under section (a) of this Rule.

Md. Crim. Causes. 4-401

This Rule is derived in part from former Rule BK40 and is in part new.

Adopted April 6, 1984, eff. July 1, 1984. Amended April 5, 2005, eff. July 1, 2005.

HISTORICAL NOTES

2005 Orders

The April 5, 2005, order redesignated the former rule as section (a); inserted section (b); and amended the source note.