Section 7-203 - Waiver of right to file petition.
§ 7-203. Waiver of right to file petition.
(a) Conditions for waiver.- A defendant in a case in which a sentence of death has been imposed may waive the right to file a petition under this title before the expiration of the 210-day period established in § 7-201 of this subtitle if the waiver is knowing, voluntary, intelligent, and in writing.
(b) Revocation of waiver.- A defendant in a case in which a sentence of death has been imposed may revoke a waiver under subsection (a) of this section no later than 15 days before the scheduled date of execution by:
(1) filing a petition for postconviction relief under this title; or
(2) withdrawing the waiver in writing.
(c) Effect of waiver.- A waiver of the right to file a petition under this title before the expiration of the 210-day period established in § 7-201 of this subtitle ends the State postconviction review process for purposes of § 3-902 of the Correctional Services Article.
(d) Effect of revocation of waiver.-
(1) The revocation of a waiver under subsection (b)(1) of this section continues the State postconviction review process for purposes of § 3-902 of the Correctional Services Article.
(2) The revocation of a waiver under subsection (b)(2) of this section continues the State postconviction review process for purposes of § 3-902 of the Correctional Services Article until the earlier of:
(i) the filing of a petition for postconviction relief; or
(ii) the expiration of the 210-day period established in § 7-201 of this subtitle.
[An. Code 1957, art. 27, § 645A(a)(5); 2001, ch. 10, § 2.]