2013 Maryland Code
CRIMINAL PROCEDURE
§ 7-203 - Waiver of right to file petition
§7-203.
(a) A defendant in a case in which a sentence of death has been imposed may waive the right to file a petition under this title before the expiration of the 210-day period established in § 7-201 of this subtitle if the waiver is knowing, voluntary, intelligent, and in writing.
(b) A defendant in a case in which a sentence of death has been imposed may revoke a waiver under subsection (a) of this section no later than 15 days before the scheduled date of execution by:
(1) filing a petition for postconviction relief under this title; or
(2) withdrawing the waiver in writing.
(c) A waiver of the right to file a petition under this title before the expiration of the 210-day period established in § 7-201 of this subtitle ends the State postconviction review process for purposes of § 3-902 of the Correctional Services Article.
(d) (1) The revocation of a waiver under subsection (b)(1) of this section continues the State postconviction review process for purposes of § 3-902 of the Correctional Services Article.
(2) The revocation of a waiver under subsection (b)(2) of this section continues the State postconviction review process for purposes of § 3-902 of the Correctional Services Article until the earlier of:
(i) the filing of a petition for postconviction relief; or
(ii) the expiration of the 210-day period established in § 7-201 of this subtitle.
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