(The below was written by Professor Byron L. Warnken.  If you, a friend or a loved one is seeking a post conviction lawyer, please call Warnken, LLC at 410-262-8341.  We would be happy to explain your situation in plain english.  Thanks for visiting our website.)

State habeas corpus
A.    Who may petition:  Anyone committed, detained, confined, or restrained for any offense under color of law.  Md. Cts. & Jud. Proc. Code Ann. § 3-702. See Lomax v. Warden, Maryland Correctional Training Center, 356 Md. 569 (1999) (habeas corpus actions are appropriate when the relief sought is release, but also when the relief sought is a proceeding or hearing which may lead to the petitioner’s release); Pollock v. Patuxent Institution Board of Review, 358 Md. 656, 668-69 (2000) (holding that the relief sought through a habeas corpus petition is not limited to the release of a prisoner, it can also cause a new parole hearing to be ordered (citing Gluckstern v. Sutton, 319 Md. 634 (1990)).
B.    Where to file petition:  A habeas corpus petition may be filed with any judge of any Circuit Court or appellate court, who must immediately resolve petition or refer the petition to Circuit Court in which the petitioner was convicted (but cannot be heard by trial judge).  Md. Cts. & Jud. Proc. Code Ann. §§ 3-701 & 3-702.
C.    Disposition of petition:  With a determination that Petitioner is being held unlawfully or that Petitioner is being held under an unconstitutional law, Petitioner is released.  Md. Cts. & Jud. Proc. Code Ann. §§ 3-704 & 3-706.
Writ of error coram nobis - Md. Rule 15-1201 et. seq.
A.    Applicability: A petition for a writ of error coram nobis may be filed by anyone is not incarcerated and not on parole or probation, who is faced with a significant collateral consequence of his or her conviction, and who can legitimately challenge the conviction on constitutional or fundamental grounds. Parker v. State, 160 Md. App. 672 (2005); Whether on the basis of error of fact or error of law, the burden of proof is on the petitioner to show that the grounds for challenging the criminal conviction are of a constitutional, jurisdictional, or fundamental character; that the petitioner is suffering or facing significant collateral consequences from the conviction; and that there is no other statutory or common law remedy then available. Id.
B.    Commencing action:  An action for a writ of error of coram nobis is commenced by filing a petition in the court in which the conviction occurred.  Md. Rule 15-1202(a).  Skok v. State, 361 Md. 52, 78 (2000); Jones v. State, 114 Md. App. 471 (1997) (although the UPCPA was intended to provide a statutory avenue for post conviction relief, the writ of error coram nobis remains available as a means of mounting collateral attack).
C.    Content of petition:  The petition shall include the identity of the petitioner, place and date of trial, offense subject of the conviction, and the sentence imposed.   The petition shall also include a statement of all previous proceedings, results of those proceedings, facts that would have resulted in the entry of a different judgment, the allegations of error upon which the petition is based, a statement that the allegations of error have not been waived, the significant collateral consequences resulting from the conviction, the unavailability of appeal, post conviction relief, or other remedies, and a demand for relief.  The petition shall also include a concise argument with citation to authorities.  Md. Rule 15-1202 (a)-(b).  See Ruby v. State, 353 Md. 100, 106 (1999) (writ of error coram nobis is a common law tool used to correct factual errors made by the court and that it can be used collaterally to challenge a criminal judgment).  See also Parker v. State, 160 Md. App. 672 (2005) (Petitioner alleged sufficient cause of action for coram nobis relief when (a) Petitioner’s guilty and nolo contendere pleas were not entered into knowingly and voluntarily, (b) Petitioner did not waive claims on which he sought coram nobis relief, and (c) Petitioner alleged significant collateral consequences in the form of a lengthier federal sentence based on prior convictions, and remanding the case for a determination by the coram nobis court as to whether the significant collateral consequences requirement was met in light of Petitioner’s subsequent federal conviction and sentence).
D.    Amending petition:  Amendment of the petition shall be free allowed “when justice so permits.”  Md. Rule 15-1202(e).
E.    Notice of petition:  The clerk of the court shall promptly notify the State’s Attorney upon the filing of a petition for writ of coram nobis.  Md. Rule 15-1203.
F.    State’s response:  The State shall file a response to the petition within 30 days after receiving notice, or within the time ordered by the court. Md. Rule 15-1204.
G.    Hearing:  A court may exercise its discretion to hold a hearing on the petition for writ of coram nobis.  A court may deny the petition without a hearing but may only grant it with a hearing.  The court may allow evidence to be presented, and in the interest of justice may decline to require a strict application of the rules of evidence, with the exception of rules pertaining to the competency of witnesses.  Md. Rule 15-1205(a).
H.    Victim’s rights:  The State’s Attorney shall provide notice to each victim or victim’s representative who has filed a Crime Victim Notification Request, pursuant to Md. Crim. Proc. Code Ann. § 11-104 or submitted a written request to the State’s Attorney to be notified of subsequent proceedings, pursuant to Md. Crim. Proc. Code Ann. § 11-503.  The court may allow the testimony of a victim or victim’s representative if relevant.  Md. Rule 15-1206
I.    Authority to issue:  District Court judge may issue a writ of error coram nobis. Md. Cts. & Jud. Proc. § 1-609.
J.    Statement and order of the court:  The court shall prepare for the record a statement detailing each ground on which the petition is based, the federal and state rights involved, and the court’s ruling and reason for the ruling as to each ground.  An order granting or denying relief shall accompany this statement.  If the order is in favor the petition, the court may specify other arrangements, such as re-arraignment, custody, bail, discharge, correction of sentence, and other matters as necessary and proper.  The order, when entered by the clerk, constitutes a final judgment.  Md. Rule 15-1207.
K.    Appeal:  Both the State and the defendant have the right to directly appeal a decision on a Petition for a Writ of Error Coram Nobis.  State v. Hicks, 139 Md. App. 1 (2001).