Rule 15-304. Alternate Remedy—Post Conviction Procedure Act

When a petition for a writ of habeas corpus is filed by or on behalf of an individual confined as a result of a sentence for a criminal offense, including a criminal contempt, or a commitment order in a juvenile delinquency proceeding, the judge may order that the petition be treated as a petition under the Post Conviction Procedure Act if the individual confined consents in writing or on the record and the judge is satisfied that the post conviction proceeding is adequate to test the legality of the confinement. Upon entry of the order, the judge shall transmit the petition, a certified copy of the order, and any other pertinent papers to the court in which the sentence or judgment was entered. Subsequent procedure shall be as in a post conviction proceeding. Cross reference: See Rules 4-401 through 4-408 and Code, Criminal Procedure Article, §§ 7-101--7-108.