(a) Except as provided in subsection (b) of this section, a person is entitled to assistance of counsel and a hearing on a petition filed under this title.
(b) (1) If a person seeks to reopen a postconviction proceeding under § 7-104 of this subtitle, the court shall determine whether assistance from counsel or a hearing should be granted.
(2) If an appeal has been taken from the judgment of conviction to the Court of Special Appeals, until the judgment of conviction becomes final in the Court of Special Appeals, the court need not:
(i) appoint counsel;
(ii) hold a hearing; or
(iii) act on the petition.
Structure Maryland Statutes
Title 7 - Uniform Postconviction Procedure Act
Section 7-101 - Scope of Title
Section 7-102 - Right to Begin Proceeding
Section 7-103 - Number and Time of Filing of Petitions
Section 7-104 - Reopening Postconviction Proceeding
Section 7-105 - Victim's and Representative's Rights of Notice and Attendance
Section 7-106 - Allegation of Error
Section 7-107 - Effect of Postconviction Remedy on Trial Proceedings and Appeals