2021 Maryland Statutes
Criminal Procedure
Title 8 - Other Postconviction Review
Subtitle 3 - Newly Discovered Evidence
Section 8-301.1 - Vacation of Probation Before Judgment or Judgment of Conviction

    (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:

        (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.

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