§ 8-301.1
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/md/criminal-procedure/8-301-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§8–301.1.
(a)On a motion of the State, at any time after the entry of a probation before judgment or judgment of conviction in a criminal case, the court with jurisdiction over the case may vacate the probation before judgment or conviction on the ground that:
(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.
(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.
(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.
(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.
(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.