Post-Verdict Proceedings

• Jurisdiction: Maryland

XII. Post-verdict proceedings

A. Motion for new trial

The defendant may file a "standard" motion for new trial no later than 10 days after the verdict, or it is waived. Md. Rule 4-331(a). The filing deadline is jurisdictional. The court must hear the motion within 10 days after it is filed. Crim. Proc. § 6-105(a)(1).

The defendant may file a "revisory power" motion for new trial to set aside an unjust or improper verdict no later than 90 days after imposition of sentence. The filing deadline is jurisdictional. In District Court, this motion may not be filed if the defendant has noted an appeal to Circuit Court. Md. Rule 4-331(b)(1)(A). In Circuit Court, this motion may be filed whether or not an appeal has been noted. Md. Rule 4-331(b)(1)(B).

The defendant may file a "newly discovered evidence" motion for new trial no later than one year after imposition of sentence or after the mandate issued after a final appellate court decision, whichever is later. Md. Rule 4-331(c)(1). The filing deadline is jurisdictional. A motion for new trial based on newly discovered "DNA identification testing not subject to the procedures of Code, Criminal Procedure Article, § 8-201 or other generally accepted scientific techniques the results of which, if proved, would show that the defendant is innocent of the crime of which the defendant was convicted" may be filed at any time. Md. Rule 4-331(c)(2),

B. Application for review of sentence by a three-judge panel

The defendant may file an application for review of sentence by a three-judge panel, which must be filed no later than 30 days after imposition of sentence, or it is waived. See Crim. Proc. §§ 8-102 to 8-109; Md. Rule 4-344(a). The filing deadline is jurisdictional and does not extend the time for noting an appeal. Md. Rule 4-344(g). The defendant may withdraw the application prior to receipt of the notice of hearing. If the notice of hearing has already been received, withdrawal may be permitted within the discretion of the three-judge panel. Md. Rule 4-344(c).

C. Motion for modification or reduction of sentence

The defendant may file a motion for modification or reduction of sentence with the trial judge, which must be filed no later than 90 days (not three months) after imposition of sentence, or it is waived. The filing deadline is jurisdictional and may be filed whether or not an appeal has been noted. If the motion for modification or reduction of sentence is held sub curia, the Court must rule on that motion within five years after the imposition of sentence, or the court loses jurisdiction over the motion. Md. Rule 4-345(e)(1).

D. Motion to correct illegal sentence

The defendant may file a motion to correct illegal based at any time. Md. Rule 4-345(a); see State v. Kanaras, 357 Md. 170, 184 (1999).

E. Appeal to Circuit Court from District Court

The defendant may file a notice of appeal in the District Court for an appeal to the Circuit Court, which must be filed no later than 30 days after imposition of sentence, or it is waived. The filing deadline is jurisdictional. Md. Rule 7-104(a). See Garrison v. State, 359 Md. 128 (1998) (post conviction relief of the right to file a belated appeal when trial counsel failed to note the appeal). The District Court clerk must transmit the record to the Circuit Court within 60 days after the notice of appeal is filed. Md. Rule 7-108(a). Either the...