Maryland Criminal Procedure Section 7-203

Article - Criminal Procedure

§ 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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