Title 8. Other Postconviction Review — Subtitle 3. Newly Discovered Evidence

if the conviction resulted from a trial, creates a substantial or significant possibility that the result may have been different, as that standard has been judicially determined; or

if the conviction resulted from a guilty plea, an Alford plea, or a plea of nolo contendere, establishes by clear and convincing evidence the petitioner’s actual innocence of the offense or offenses that are the subject of the petitioner’s motion; and

If the conviction resulted from a guilty plea, an Alford plea, or a plea of nolo contendere, when assessing the impact of the newly discovered evidence on the strength of the State’s case against the petitioner at the time of the plea, the court may consider admissible evidence submitted by either party, in addition to the evidence presented as part of the factual support of the plea, that was contained in law enforcement files in existence at the time the plea was entered.

If the court determines that, when considered with admissible evidence, in addition to the evidence presented as part of the factual support of the plea, that was contained in law enforcement files in existence at the time the plea was entered, the newly discovered evidence establishes by clear and convincing evidence the petitioner’s actual innocence of the offense or offenses that are the subject of the petitioner’s motion, the court may:

When determining the appropriate remedy, the court may allow both parties to present any admissible evidence that came into existence after the plea was entered and is relevant to the petitioner’s claim of actual innocence.

sets aside the verdict or conviction; or

schedules the matter for trial or grants a new trial; and

there is newly discovered evidence that:

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

vacate the conviction or probation before judgment and discharge the defendant; or

deny the motion.

unnatural or perverted sexual practice under § 3–322 of the Criminal Law Article, as that offense existed before October 1, 2023;

possessing or administering a controlled dangerous substance under § 5–601 of the Criminal Law Article;

possessing or purchasing a noncontrolled substance under § 5–618 of the Criminal Law Article;

possessing or distributing controlled paraphernalia under § 5–620(a)(2) of the Criminal Law Article;

fourth–degree burglary under § 6–205 of the Criminal Law Article;

malicious destruction of property in the lesser degree under § 6–301(c) of the Criminal Law Article;

a trespass offense under Title 6, Subtitle 4 of the Criminal Law Article;

misdemeanor theft under § 7–104 of the Criminal Law Article;

misdemeanor obtaining property or services by bad check under § 8–103 of the Criminal Law Article;

possession or use of a fraudulent government identification document under § 8–303 of the Criminal Law Article;

public assistance fraud under § 8–503 of the Criminal Law Article;

false statement to a law enforcement officer or public official under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article;

disturbing the public peace and disorderly conduct under § 10–201 of the Criminal Law Article;

indecent exposure under § 11–107 of the Criminal Law Article;

prostitution under § 11–303 of the Criminal Law Article;

driving with a suspended registration under § 13–401(h) of the Transportation Article;

failure to display registration under § 13–409(b) of the Transportation Article;

driving without a license under § 16–101 of the Transportation Article;

failure to display license to police under § 16–112(c) of the Transportation Article;

possession of a suspended license under § 16–301(j) of the Transportation Article;

driving while privilege is canceled, suspended, refused, or revoked under § 16–303 of the Transportation Article;

owner failure to maintain security on a vehicle under § 17–104(b) of the Transportation Article;

driving while uninsured under § 17–107 of the Transportation Article;

prostitution or loitering as prohibited under local law;

unauthorized use under § 14–102 of the Transportation Article; or

soliciting or offering to solicit prostitution or assignation under § 11–306 of the Criminal Law Article.

Title 3, Subtitle 11 of the Criminal Law Article; or

§ 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States Code.

the length of time between the offense and the trafficking of the movant;

the dynamics of the relationship between the movant and the person committing trafficking against the movant; and

any other relevant evidence.