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. This Rule is derived in part from former Rule BK40 and is in part new.
Adopted April 6, 1984, eff. 7/1/1984. Amended April 5, 2005, eff. 7/1/2005.HISTORICAL NOTES
2005 Orders
The April 5, 2005, order redesignated the former rule as section (a); inserted section (b); and amended the source note.