Md. Crim. Causes. 4-349

As amended through November 13, 2024

Rule 4-349 - [Effective until 1/1/2025] Release After Conviction

(a)Authority.

(1) Generally

After conviction the trial judge may release the defendant pending sentencing or exhaustion of any appellate review subject to such conditions for further appearance as may be appropriate. Title 5 of these rules does not apply to proceedings conducted under this Rule.

Cross reference: For review of lower court action in the Appellate Court regarding a stay of enforcement of judgment after an appeal is filed, see Rule 8-422(c).

(2) Pending De Novo Appeal

On the filing of a notice of appeal in the District Court in a case to be tried de novo, the circuit court, on motion or by consent of the parties, may stay a sentence of imprisonment imposed by the District Court and release the defendant pending trial in the circuit court, subject to any appropriate terms and conditions of release.

Cross reference: For action upon dismissal of a de novo appeal, see Rule 7-112(f)(4).

(b) Factors Relevant to Conditions of Release. In determining whether a defendant should be released under this Rule, the court may consider the factors set forth in Rule 4-216.1(f) and, in addition, whether any appellate review sought appears to be frivolous or taken for delay. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant.

(c) Conditions of Release. The court may impose different or greater conditions for release under this Rule than had been imposed upon the defendant before trial pursuant to 4-216, Rule 4-216.1, 4-216.2, or 4-216.3. When the defendant is released pending sentencing, the condition of any bond required by the court shall be that the defendant appear for further proceedings as directed and surrender to serve any sentence imposed. When the defendant is released pending any appellate review, the condition of any bond required by the court shall be that the defendant prosecute the appellate review according to law and, upon termination of the release pending appeal pursuant to subsection (d)(1) of this Rule, surrender to serve any sentence required to be served or appear for further proceedings as directed. The bond shall continue until discharged by order of the court or until surrender of the defendant, whichever is earlier.

(d) Release Pending Appeal

(1) Duration of Release

An order releasing a defendant pending appellate review pursuant to this Rule shall continue until the earliest of the following: (A) the defendant exhausts appellate review by way of appeal, application for leave to appeal, or petition for writ of certiorari in the Supreme Court or the Supreme Court of the United States; (B) the defendant allows the deadline to pass for seeking further appellate review of an adverse disposition; (C) the defendant allows the deadline to pass for filing the statement required by subsection (d)(2) of this Rule, or indicates in such a statement that the defendant does not intend to seek further review; or (D) a court revokes the order of release in accordance with section (e) of this Rule.

(2) Writ of Certiorari in Supreme Court of the United States

Within 30 days after the Supreme Court denies review or issues its opinion affirming the judgment of conviction, a defendant who has been released pending appellate review shall file a statement indicating whether the defendant intends to petition for a writ of certiorari in the Supreme Court of the United States and, if so, providing a non-binding statement of the questions that the defendant intends to present for review in the petition. The statement shall be filed with the court that ordered release pursuant to this Rule.

Cross reference: See U.S. S. Ct. Rule 10 for considerations governing review on certiorari, U.S. S. Ct. Rule 13 for the time for petitioning, and U.S. S. Ct. Rule 14.1 for the required contents of a petition for a writ of certiorari.

(e) Amendment of Order of Release. The court that ordered the release, on motion of any party or on its own initiative and after notice and opportunity for hearing, may revoke an order of release or amend it to impose additional or different conditions of release. If its decision results in the detention of the defendant, the court shall state the reasons for its action in writing or on the record.

Md. Crim. Causes. 4-349

This Rule is derived as follows:

Section (a) is derived from former Rule 776 a and M.D.R. 776 a.

Section (b) is derived from former Rule 776 c and M.D.R. 776 c.

Section (c) is derived from former Rules 776 b and 778 b and M.D.R. 776 b and M.D.R. 778 b.

Sections (d) and (e) are new.

Adopted as Rule 4-349, April 6, 1984, eff. 7/1/1984. Renumbered as Rule 4-349, Nov. 22, 1989, eff. 1/1/1990. Amended Dec. 15, 1993, eff. 7/1/1994; 11/12/2003, eff. 1/1/2004; 6/16/2009, eff. 6/17/2009; 6/11/2012, eff. 6/12/2012; 5/27/2014, eff. 7/1/2014; 2/16/2017, eff. 7/1/2017; amended April 21, 2023, eff. 7/1/2023.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order, in section (b), substituted "Rule 4-216 (e)" for "Rule 4-216 (f)".

2009 Orders

The June 16, 2009, corrected a reference to a section of Rule 4-216.

2012 Orders

The June 11, 2012, order, amended an internal reference to conform to the relettering of Rule 4-216; added a reference to Rule 4-216.1; and made stylistic changes.

2014 Orders

The May 27, 2014 order added internal references to Rule 4-216.2 in (c).

2017 Orders

The February 16, 2017 order, revised internal references.