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Md. Code, Criminal Procedure § 7-108

This is the official text of Md. Code, Criminal Procedure § 7-108, part of Maryland’s Code, Criminal Procedure — sets the procedural rules for criminal cases.

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§7–108.

Official statutory text

(a) Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title.

(b) (1) If a person seeks to reopen a postconviction proceeding under § 7–104 of this subtitle, the court shall determine whether assistance from counsel or a hearing should be granted.

(2) If an appeal has been taken from the judgment of conviction to the Appellate Court of Maryland, until the judgment of conviction becomes final in the Appellate Court of Maryland, the court need not:

(i) appoint counsel;

(ii) hold a hearing; or

(iii) act on the petition.

Status: in_force · Read it on the official government site

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