Md. R. Spec. Proc. 15-1202

As amended through September 13, 2024

Rule 15-1202 - Petition

(a) Filing; Caption. An action for a writ of error coram nobis is commenced by the filing of a petition in the court where the conviction took place. The caption of the petition shall state the case number of the criminal action to which the petition relates. If practicable, the petition shall be filed in the criminal action.

Committee note: For the authority of the District Court to issue a writ of error coram nobis, see Code, Courts Article, § 1-609. See Rule 1-301(a) for captioning and titling requirements of court papers.

(b) Content.

(1) The petition shall include:

(A) the identity of the petitioner as the person subject to the judgment and sentence;

(B) the place and date of trial, the offense for which the petitioner was convicted, and the sentence imposed;

(C) a statement of all previous proceedings, including appeals, motions for new trial, post conviction petitions, and previous petitions for writ of error coram nobis, and the results of those proceedings;

(D) the facts that would have resulted in the entry of a different judgment and the allegations of error upon which the petition is based;

(E) a statement that the allegations of error have not been waived;

Cross reference: See Holmes v. State, 401 Md. 429 (2007).

(F) the significant collateral consequences that resulted from the challenged conviction;

(G) the unavailability of appeal, post conviction relief, or other remedies; and

(H) a demand for relief.

(2) The petition may include a concise argument with citation to relevant authority.

(c) Attachments. The petitioner shall attach to the petition all relevant portions of the transcript or explain why the petitioner is unable to do so.

(d) Service. The petitioner shall serve a copy of the petition and any attachments on the State's Attorney pursuant to Rule 1-321(a).

(e) Amendment. Amendment of the petition shall be freely allowed when justice so permits.

Md. R. Spec. Proc. 15-1202

This Rule is new.

Adopted Nov. 8, 2005, eff. 1/1/2006. Amended Sept. 10, 2009, eff. 10/1/2009.

HISTORICAL NOTES

2009 Orders

The September 10, 2009, order, added the cross reference following subsection (b)(1)(E).