2021 Maryland Statutes
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.