reglab/housing_qa huggingface dataset:
MD. Criminal Procedure Code Ann. §  7-107 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 7 - Uniform Postconviction Procedure Act|Subtitle 1 - In General|Section 7-107 - Effect of Postconviction Remedy on Trial Proceedings and Appeals

    (a)    The remedy provided under this title is not a substitute for and does not affect any remedy that is incident to the proceedings in the trial court or any remedy of direct review of the sentence or conviction.    (b)    (1)    In a case in which a person challenges the validity of confinement under a sentence of imprisonment by seeking the writ of habeas corpus or the writ of coram nobis or by invoking a common law or statutory remedy other than this title, a person may not appeal to the Court of Appeals or the Court of Special Appeals.        (2)    This subtitle does not bar an appeal to the Court of Special Appeals:            (i)    in a habeas corpus proceeding begun under § 9–110 of this article; or            (ii)    in any other proceeding in which a writ of habeas corpus is sought for a purpose other than to challenge the legality of a conviction of a crime or sentence of imprisonment for the conviction of the crime, including confinement as a result of a proceeding under Title 4 of the Correctional Services Article.
MD. Criminal Procedure Code Ann. §  7-108 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 7 - Uniform Postconviction Procedure Act|Subtitle 1 - In General|Section 7-108 - Right to Counsel and Hearing

    (a)    Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title.    (b)    (1)    If a person seeks to reopen a postconviction proceeding under § 7-104 of this subtitle, the court shall determine whether assistance from counsel or a hearing should be granted.        (2)    If an appeal has been taken from the judgment of conviction to the Court of Special Appeals, until the judgment of conviction becomes final in the Court of Special Appeals, the court need not:            (i)    appoint counsel;            (ii)    hold a hearing; or            (iii)    act on the petition.
MD. Criminal Procedure Code Ann. §  7-109 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 7 - Uniform Postconviction Procedure Act|Subtitle 1 - In General|Section 7-109 - Appeal of Final Order

    (a)    Within 30 days after the court passes an order in accordance with this subtitle, a person aggrieved by the order, including the Attorney General and a State’s Attorney, may apply to the Court of Special Appeals for leave to appeal the order.    (b)    (1)    The application for leave to appeal shall be in the form set by the Maryland Rules.        (2)    If the Attorney General or a State’s Attorney states an intention to file an application for an appeal under this section, the court may:            (i)    stay the order; and            (ii)    set bail for the petitioner.        (3)    If the application for leave to appeal is granted:            (i)    the procedure for the appeal shall meet the requirements of the Maryland Rules; and            (ii)    the Court of Special Appeals may:                1.    affirm, reverse, or modify the order appealed from; or                2.    remand the case for further proceedings.        (4)    If the application for leave to appeal is denied, the order sought to be reviewed becomes final.    (c)    The Court of Special Appeals shall direct the political subdivision in which an order is passed to pay the necessary costs and expenses associated with a review under this section, including all court costs, stenographic services, and printing, if:        (1)    a person seeks a review under this section within 30 days after judgment;        (2)    the Court of Special Appeals grants leave to appeal under this section; and        (3)    the Court of Special Appeals finds that the person is unable to pay the costs of the review.
MD. Criminal Procedure Code Ann. §  7-301 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 7 - Uniform Postconviction Procedure Act|Subtitle 3 - Short Title|Section 7-301 - Short Title

    This title is the Uniform Postconviction Procedure Act.
MD. Criminal Procedure Code Ann. §  8-101 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 8 - Other Postconviction Review|Subtitle 1 - In General|Section 8-101 - Definitions

    (a)    In this subtitle the following terms have the meanings indicated.    (b)    “Review panel” means a group of three or more circuit court judges who conduct a review proceeding in connection with an application for a review of a sentence under this subtitle.    (c)    “Sentencing court” means the court in which the sentencing judge imposed the sentence or required that a sentence that was wholly or partly suspended be served.    (d)    “Sentencing judge” means the judge who imposed a sentence or who required that a sentence that was wholly or partly suspended be served.
MD. Criminal Procedure Code Ann. §  8-102 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 8 - Other Postconviction Review|Subtitle 1 - In General|Section 8-102 - Right to Sentence Review

    (a)    Except as provided in subsection (b) of this section, a person convicted of a crime by a circuit court and sentenced to serve a sentence that exceeds 2 years in a correctional facility is entitled to a single sentence review by a review panel.    (b)    A person is not entitled:        (1)    to a sentence review if the sentence was imposed by more than one circuit court judge; or        (2)    to a review of an order requiring a suspended part of a sentence to be served if:            (i)    the sentence originally was wholly or partly suspended;            (ii)    the sentence was reviewed; and            (iii)    the suspended sentence or suspended part of that sentence later was required to be served.    (c)    For purposes of this subtitle, a sentence that exceeds 2 years is a sentence in which the total period of the sentence and any unserved time of a prior or simultaneous sentence exceeds 2 years, including:        (1)    a sentence imposed by a circuit court;        (2)    a requirement by a circuit court that all or part of a suspended sentence be served; and        (3)    a prior or simultaneous sentence, suspended or not suspended, that has been imposed by a court or other authority of the State or of another jurisdiction.
MD. Criminal Procedure Code Ann. §  8-103 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 8 - Other Postconviction Review|Subtitle 1 - In General|Section 8-103 - Right to Counsel

    (a)    A person entitled to file an application for a sentence review under this subtitle has the right to be represented by counsel:        (1)    to determine whether to seek a sentence review; and        (2)    to file an application for a sentence review.    (b)    The counsel representing a person for a sentence review may be:        (1)    retained by a person who is entitled to file an application for review under this subtitle;        (2)    appointed by the sentencing judge; or        (3)    provided under Title 16 of this article.
MD. Criminal Procedure Code Ann. §  8-104 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 8 - Other Postconviction Review|Subtitle 1 - In General|Section 8-104 - Filing of Application for Review

    (a)    The filing of an application for sentence review under this subtitle does not:        (1)    stay the execution of the sentence;        (2)    affect the time allowed to file an appeal or a motion for a new trial; or        (3)    affect the power of the sentencing judge to change the sentence to the extent allowed by the Maryland Rules.    (b)    After an application is filed, the sentencing judge may grant a stay of the execution of the sentence pending a decision under this subtitle.
MD. Criminal Procedure Code Ann. §  8-105 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 8 - Other Postconviction Review|Subtitle 1 - In General|Section 8-105 - Review Panel

    (a)    A review panel consists of three or more circuit court judges of the judicial circuit in which the sentencing court is located.    (b)    Notwithstanding any Maryland Rule, the sentencing judge may not be a member of the review panel, but on request of the sentencing judge, the sentencing judge may sit with the review panel only in an advisory capacity.    (c)    (1)    A review panel shall consider each application for review of a sentence.        (2)    A review panel may require the Division of Parole and Probation to make investigations, reports, and recommendations.        (3)    A review panel:            (i)    with or without a hearing, may decide that the sentence under review should remain unchanged; or            (ii)    after a hearing, may order a different sentence to be imposed or served, including:                1.    an increased sentence;                2.    subject to § 8-107(c) of this subtitle, a decreased sentence;                3.    a suspended sentence to be served wholly or partly; or                4.    a sentence to be suspended with or without probation.        (4)    In deciding to order a different sentence, the review panel may impose conditions that the review panel considers just and that could have been imposed lawfully by the sentencing court when the sentence was imposed.    (d)    If the review panel orders a different sentence, the review panel shall resentence and notify the defendant in accordance with the order of the panel.
MD. Criminal Procedure Code Ann. §  8-106 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 8 - Other Postconviction Review|Subtitle 1 - In General|Section 8-106 - Rights to Notice of and Appearance at Hearing

    (a)    A review panel may increase, modify, or reduce a sentence only after notice to each party and notice to any victim or victim’s representative as provided under § 11-104 or § 11-503 of this article.    (b)    Before changing a sentence, a review panel shall allow:        (1)    each party to be heard at the hearing; and        (2)    the victim or victim’s representative to attend the hearing, as provided by § 11-102 of this article, and to address the review panel, as provided by § 11-403 of this article.
MD. Criminal Procedure Code Ann. §  8-107 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 8 - Other Postconviction Review|Subtitle 1 - In General|Section 8-107 - Rules for Decision Making

    (a)    Except as provided in subsection (c) of this section, a majority of the members of the review panel is necessary to make a decision.    (b)    The review panel shall make the decision within 30 days after the filing date of the application for review.    (c)    A review panel may not order a decrease in a mandatory minimum sentence unless the decision of the review panel is unanimous.    (d)    A review panel shall consider time served on the sentence under review to be time served on any sentence that is substituted.
MD. Criminal Procedure Code Ann. §  8-109 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 8 - Other Postconviction Review|Subtitle 1 - In General|Section 8-109 - Rules of Procedure

    The Court of Appeals shall adopt rules to carry out this subtitle.
MD. Criminal Procedure Code Ann. §  8-301.1 (2021)
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.
MD. Criminal Procedure Code Ann. §  8-401 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 8 - Other Postconviction Review|Subtitle 4 - Coram Nobis|Section 8-401 - Failure to Seek Appeal Is Not Waiver

    The failure to seek an appeal in a criminal case may not be construed as a waiver of the right to file a petition for writ of error coram nobis.
MD. Criminal Procedure Code Ann. §  10-101 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 10 - Criminal Records|Subtitle 1 - Expungement of Police and Court Records|Section 10-101 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Central Repository” means the Criminal Justice Information System Central Repository in the Department.    (c)    (1)    “Court record” means an official record of a court that the clerk of a court or other court personnel keeps about:            (i)    a criminal proceeding; or            (ii)    any other proceeding, except a juvenile proceeding, concerning a civil offense or infraction enacted under State or local law as a substitute for a criminal charge.        (2)    “Court record” includes:            (i)    a record of a violation of the Transportation Article for which a term of imprisonment may be imposed; and            (ii)    an index, docket entry, charging document, pleading, memorandum, transcription of proceedings, electronic recording, order, and judgment.    (d)    “Expunge” means to remove information from public inspection in accordance with this subtitle.    (e)    “Expungement” with respect to a court record or a police record means removal from public inspection:        (1)    by obliteration;        (2)    by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or        (3)    if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.    (f)    “Law enforcement unit” means a State, county, or municipal police department or unit, the office of a sheriff, the office of a State’s Attorney, the Office of the State Prosecutor, or the Office of the Attorney General of the State.    (g)    “Minor traffic violation” means a nonincarcerable violation of the Maryland Vehicle Law or any other traffic law, ordinance, or regulation.    (h)    “Police record” means an official record that a law enforcement unit, booking facility, or the Central Repository maintains about the arrest and detention of, or further proceeding against, a person for:        (1)    a criminal charge;        (2)    a suspected violation of a criminal law;        (3)    a violation of the Transportation Article for which a term of imprisonment may be imposed; or        (4)    a civil offense or infraction, except a juvenile offense, enacted under State or local law as a substitute for a criminal charge.
MD. Criminal Procedure Code Ann. §  10-102 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 10 - Criminal Records|Subtitle 1 - Expungement of Police and Court Records|Section 10-102 - Scope

    (a)    A police record or a court record is subject to expungement under this subtitle.    (b)    (1)    A court record or a police record that existed before July 1, 1975, and is still maintained, may be expunged under this subtitle.        (2)    A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975, may use the procedures for expungement provided under this subtitle.        (3)    The limitation periods provided in § 10–105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.        (4)    The custodian of court records or police records that were made before July 1, 1975, and that may be expunged under this subtitle:            (i)    shall make a reasonable search for a record requested for expungement; but            (ii)    need not expunge a court record or a police record that is not found after a reasonable search.    (c)    This subtitle does not apply to:        (1)    a record about a minor traffic violation;        (2)    the published opinion of a court;        (3)    a cash receipt or disbursement record that is necessary for audit purposes;        (4)    a transcript of court proceedings made by a court reporter in a multiple defendant case;        (5)    an investigatory file; or        (6)    a record of the work product of a law enforcement unit that is used solely for police investigation.
MD. Criminal Procedure Code Ann. §  10-103.1 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 10 - Criminal Records|Subtitle 1 - Expungement of Police and Court Records|Section 10-103.1 - Expungement of Police Records After Release Without Charge

    (a)    For arrests or confinements occurring on or after October 1, 2007, a person who is arrested or confined by a law enforcement unit and then is released without being charged with the commission of a crime is entitled to expungement of all police records, including photographs and fingerprints, relating to the matter.    (b)    Within 60 days after release of a person entitled to expungement of a police record under subsection (a) of this section, the law enforcement unit shall:        (1)    search diligently for and expunge each police record about the arrest or confinement of the person; and        (2)    send a notice of expungement containing all relevant facts about the expungement and underlying arrest or confinement to:            (i)    the Central Repository;            (ii)    each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest or confinement; and            (iii)    the person entitled to expungement.    (c)    Within 60 days after receipt of the notice, the Central Repository, a booking facility, and any other law enforcement unit shall:        (1)    search diligently for and expunge each police record about the arrest or confinement of the person; and        (2)    advise in writing the person entitled to expungement of compliance with the order.    (d)    (1)    A police record expunged under this section may not be expunged by obliteration until 3 years after the date of expungement.        (2)    During the 3–year period described in paragraph (1) of this subsection, the records shall be removed to a separate secure area to which persons who do not have a legitimate reason for access are denied access.        (3)    For purposes of this subsection, a legitimate reason for accessing the records includes using the records for purposes of proceedings relating to the arrest.    (e)    If a law enforcement unit, a booking facility, or the Central Repository fails to expunge a police record as required under subsection (b) or (c) of this section, the person entitled to expungement may:        (1)    seek redress by means of any appropriate legal remedy; and        (2)    recover court costs.    (f)    A person who is entitled to expungement under this section may not be required to pay any fee or costs in connection with the expungement.
MD. Criminal Procedure Code Ann. §  10-104 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 10 - Criminal Records|Subtitle 1 - Expungement of Police and Court Records|Section 10-104 - Expungement on Nolle Prosequi Before Service

    (a)    Unless the State objects and shows cause why a record should not be expunged, if the State enters a nolle prosequi as to all charges in a criminal case within the jurisdiction of the District Court with which a defendant has not been served, the District Court may order expungement of each court record, police record, or other record that the State or a political subdivision of the State keeps as to the charges.    (b)    The District Court may not assess any costs against a defendant for a proceeding under subsection (a) of this section.
MD. Criminal Procedure Code Ann. §  10-106 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 10 - Criminal Records|Subtitle 1 - Expungement of Police and Court Records|Section 10-106 - Expungement of Criminal Charge Transferred to Juvenile Court

    (a)    A person may file, and a court shall grant, a petition for expungement of a criminal charge transferred to the juvenile court under § 4–202 or § 4–202.2 of this article.    (b)    A petition for expungement filed under this section shall be filed in the court of original jurisdiction from which the order of transfer was entered.
MD. Criminal Procedure Code Ann. §  10-107 (2021)
2021 Maryland Statutes|Criminal Procedure|Title 10 - Criminal Records|Subtitle 1 - Expungement of Police and Court Records|Section 10-107 - Charges Arising From Same Incident, Transaction, or Set of Facts

    (a)    (1)    In this subtitle, if two or more charges, other than one for a minor traffic violation, arise from the same incident, transaction, or set of facts, they are considered to be a unit.        (2)    A charge for a minor traffic violation that arises from the same incident, transaction, or set of facts as a charge in the unit is not a part of the unit.    (b)    (1)    If a person is not entitled to expungement of one charge or conviction in a unit, the person is not entitled to expungement of any other charge or conviction in the unit.        (2)    The disposition of a charge for a minor traffic violation that arises from the same incident, transaction, or set of facts as a charge in the unit does not affect any right to expungement of a charge or conviction in the unit.