§ 8–301.1
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Proc. § 8-301.1 (2026)
Title 8. Other Postconviction Review
Subtitle 3. Newly Discovered Evidence
§ 8–301.1LinkCopy Citation
(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.