Rule 4-401. How Commenced—Venue

(a) Generally A proceeding under the Uniform Post Conviction Procedure Act is commenced by the filing of a petition in the circuit court of the county where the conviction took place.

(b) Following DNA Testing If a petition for DNA testing was filed pursuant to Code, Criminal Procedure Article, § 8-201, and the test results were favorable to the petitioner, the court shall (1) reopen a post conviction proceeding previously commenced under section (a) of this Rule or (2) if no post conviction proceeding has been initiated, treat the petition for DNA testing as a petition under section (a) of this Rule.

Committee Notes

Source: This Rule is derived in part from former Rule BK40 and is in part new.