Section 7-203 - Waiver of right to file petition. - Maryland Statutes

§ 7-203. Waiver of right to file petition.
 

(a)  Conditions for waiver.- A defendant in a case in which a sentence of death has been imposed may waive the right to file a petition under this title before the expiration of the 210-day period established in § 7-201 of this subtitle if the waiver is knowing, voluntary, intelligent, and in writing. 

(b)  Revocation of waiver.- A defendant in a case in which a sentence of death has been imposed may revoke a waiver under subsection (a) of this section no later than 15 days before the scheduled date of execution by: 

(1) filing a petition for postconviction relief under this title; or 

(2) withdrawing the waiver in writing. 

(c)  Effect of waiver.- A waiver of the right to file a petition under this title before the expiration of the 210-day period established in § 7-201 of this subtitle ends the State postconviction review process for purposes of § 3-902 of the Correctional Services Article. 

(d)  Effect of revocation of waiver.-  

(1) The revocation of a waiver under subsection (b)(1) of this section continues the State postconviction review process for purposes of § 3-902 of the Correctional Services Article. 

(2) The revocation of a waiver under subsection (b)(2) of this section continues the State postconviction review process for purposes of § 3-902 of the Correctional Services Article until the earlier of: 

(i) the filing of a petition for postconviction relief; or 

(ii) the expiration of the 210-day period established in § 7-201 of this subtitle. 
 

[An. Code 1957, art. 27, § 645A(a)(5); 2001, ch. 10, § 2.]