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Session Laws, 1966
Volume 678, Page 26   View pdf image (33K)
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26                               LAWS OF MARYLAND                        [CH. 12

13.    In all criminal actions where sentence has been suspended by
the court the defendant shall have a right to appeal [to the Court of
Appeals] under Section 12 or Section 12A of this article in the same
manner as if sentence or judgment had been entered in said action.

14.    The State may appeal to the [Court of Appeals] Court of
Special Appeals
from a final order or judgment granting a motion
to dismiss, or quashing or dismissing any indictment, information,
presentment or inquisition in a criminal action, but the State shall
have no right of appeal in any criminal action where the defendant
has been tried and acquitted.

15A. In any criminal action other than one where a sentence of
death has been imposed where a defendant who has been convicted
or sentenced by a circuit court of a county or the Criminal Court of
Baltimore has a right to appeal to the [Court of Appeals] Court of
Special Appeals
under Section 12 or Section 12A of this article, and
has filed an order for appeal pursuant to and within the time limited
by the Maryland Rules of Procedure, the defendant, if unable by
reason of poverty to pay the cost of an appeal to the [Court of
Appeals] Court of Special Appeals, may file with the court imposing
the sentence a petition under oath alleging the fact of his poverty
and his inability to defray the expense of prosecuting an appeal. The
lower court upon being satisfied that such defendant is unable by
reason of poverty to defray the expense of prosecuting an appeal to
the [Court of Appeals] Court of Special Appeals shall sign an order
directing that all costs, including but not limited to all court costs,
the cost of preparing the transcript of testimony, the cost of pre-
paring and transmitting the record, and the costs of the briefs,
appendices and printed record extract necessary in connection with
the appeal shall be paid by the State of Maryland and that the record
be transmitted to the [Court of Appeals] Court of Special Appeals
at the expense of the State. A copy of such order shall be included in
the record transmitted to the [Court of Appeals! Court of Special
Appeals
and the payment of all filing fees to the Clerk of the [Court
of Appeals] Court of Special Appeals in connection with the appeal
shall be waived. If counsel prosecuting such appeal on behalf of the
defendant has been appointed as such counsel by the court imposing
sentence or by the [Court of Appeals] Court of Special Appeals, the
[Court of Appeals] Court of Special Appeals may allow to such
counsel a fee in such amount as the Court shall think proper for his
services in connection with such appeal, such fee to be paid by the
State.

15B. In any criminal action where a defendant has a right to file
a petition for a writ of certiorari in the Court of Appeals under
Section 21A of this article, the defendant, if unable by reason of
poverty to pay the costs incident to petitioning the Court of Appeals
for a writ of certiorari, may file with the Court of Special Appeals a
petition under oath alleging the fact of his poverty and his inability
to defray the expense of filing a petition for a writ of certiorari. The
Court of Special Appeals upon being satisfied that such defendant
is unable by reason of poverty to defray the expense of filing a
petition for a writ of certiorari in the Court of Appeals shall sign an
order directing that all costs, including but not limited to all court
costs, the cost of preparing the transcript of testimony, the cost of
preparing and transmitting the record, and the costs of the briefs,
appendices and printed record extract necessary in connection with


 

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Session Laws, 1966
Volume 678, Page 26   View pdf image (33K)   << PREVIOUS  NEXT >>


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