§7–108.

    (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 Appellate Court of Maryland, until the judgment of conviction becomes final in the Appellate Court of Maryland, the court need not:

            (i)    appoint counsel;

            (ii)    hold a hearing; or

            (iii)    act on the petition.