Maryland Code, CRIMINAL PROCEDURE 8-301.1
Terms Used In Maryland Code, CRIMINAL PROCEDURE 8-301.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) (i) there is newly discovered evidence that:
1. could not have been discovered by due diligence in time to move for a new trial under Maryland Rule 4-331(c); and
2. creates a substantial or significant probability that the result would have been different; or
(ii) the State’s Attorney received new information after the entry of a probation before judgment or judgment of conviction that calls into question the integrity of the probation before judgment or conviction; and
(2) the interest of justice and fairness justifies vacating the probation before judgment or conviction.
(b) A motion filed under this section shall:
(1) be in writing;
(2) state in detail the grounds on which the motion is based;
(3) where applicable, describe the newly discovered evidence; and
(4) contain or be accompanied by a request for a hearing.
(c) (1) The State shall notify the defendant in writing of the filing of a motion under this section.
(2) The defendant may file a response to the motion within 30 days after receipt of the notice required under this subsection or within the period of time that the court orders.
(d) (1) Before a hearing on a motion filed under this section, the victim or victim’s representative shall be notified, as provided under § 11-104 or § 11-503 of this article.
(2) A victim or victim’s representative has the right to attend a hearing on a motion filed under this section, as provided under § 11-102 of this article.
(e) (1) Except as provided in paragraph (2) of this subsection, the court shall hold a hearing on a motion filed under this section if the motion satisfies the requirements of subsection (b) of this section.
(2) The court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted.
(f) (1) In ruling on a motion filed under this section, the court, as the court considers appropriate, may:
(i) vacate the conviction or probation before judgment and discharge the defendant; or
(ii) deny the motion.
(2) The court shall state the reasons for a ruling under this section on the record.
(g) The State in a proceeding under this section has the burden of proof.
(h) An appeal may be taken by either party from an order entered under this section.