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Rule 4-709 – Hearing; Procedure if NO Hearing

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 appropriate court, and finds one of the following:

(1) specific scientific identification evidence exists or may exist that is related to the judgment of conviction, a method of DNA testing of the evidence may exist that is generally accepted within the relevant scientific community, and there is or may be a reasonable probability that the testing has the scientific potential to produce exculpatory or mitigating evidence relevant to a claim of wrongful conviction or sentencing;
(2) if the State contends that it has been unable to locate the evidence, there is a genuine dispute as to whether the State’s search was adequate;
(3) if the State contends that the evidence existed or may have existed but was destroyed, there is a genuine dispute whether the destruction was in conformance with any relevant governing protocols or was otherwise lawful;
(4) the State is unable to produce scientific evidence that the State was required to preserve pursuant to Code, Criminal Procedure Article, § 8-201(j)(1); or
(5) there is some other genuine dispute as to whether DNA testing or a DNA database or log search by a law enforcement agency should be ordered.
(b) When Not Required.

(1)For Denial of Petition. The court shall deny the petition without a hearing if it finds that:

(A) the petitioner has no standing to request DNA testing or a search of a law enforcement agency DNA database or logs; or
(B) as a matter of law, the facts alleged in the petition pursuant to subsections (a)(2) and (3) of Rule 4-704 do not entitle the petitioner to relief under Code, Criminal Procedure Article, § 8-201.
(2)For Grant of Petition. The court may enter an order granting the petition without a hearing if the State and the petitioner enter into a written stipulation as to DNA testing or a DNA database or log search and the court is satisfied with the contents of the stipulation. An order for DNA testing shall comply with the requirements of Rule 4-710(a)(2)(B).
(c) When Hearing Is Discretionary. In its discretion, the court may hold a hearing when one is not required.
(d) Time of Hearing. Any hearing shall be held within (1) 90 days after service of any response to the State’s answer or, (2) if no response is timely filed, 120 days after service of the State’s answer.
(e) Written Order If No Hearing. If the court declines to hold a hearing, it shall enter a written order stating the reasons why no hearing is required. A copy of that order shall be served on the petitioner and the State’s Attorney.

Md. Crim. Causes. 4-709

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 an internal reference to Chapter 369, Laws of 2015 (SB 583 ).

For victim notification, see Code, Criminal Procedure Article, §§ 11-104 and 11-503.