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Rule 4-703 – Commencement of Proceeding; Venue

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Generally. A proceeding under this Chapter is commenced by the filing of a petition under Code, Criminal Procedure Article, § 8-201 by a person who:

(1) was convicted of a crime of violence under Code, Criminal Law Article, § 14-101; and
(2) seeks (A) DNA testing of scientific identification evidence that (i) the State either possesses or may acquire, on its own initiative or by court order, from a third party and (ii) is related to the judgment of conviction, or (B) a search by a law enforcement agency of a law enforcement database or log for the purpose of identifying the source of physical evidence used for DNA testing.
(b) Venue. The petition shall be filed in the criminal action in the circuit court where the charging document was filed.

Md. Crim. Causes. 4-703

This Rule is new.

Adopted Sept. 10, 2009, eff. Oct. 1, 2009. Amended Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2015 Orders

The December 7, 2015, order, amended the Rule to conform to Chapter 369, Laws of 2015 (SB 583 ).