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Session Laws, 1966
Volume 678, Page 27   View pdf image (33K)
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J. MILLARD TAWES, Governor                           27

filing such a petition and prosecuting an appeal in the Court of
Appeals if such petition for a writ of certiorari is granted shall be
paid by the State of Maryland. A copy of such order shall be included
with the petition for a writ of certiorari filed in the Court of Appeals
and the payment of all filing fees to the Clerk of the Court of Appeals
in connection with the petition for a writ of certiorari and an appeal
if such petition is granted shall be waived. If counsel filing such a
petition on behalf of the defendant has been appointed as such
counsel by any court, the Court of Appeals may allow to such counsel
a fee to be paid by the State in such amount as the Court of Appeals
shall think proper for his services in connection with the filing of a
petition for a writ of certiorari and the prosecuting of an appeal if
such petition is granted.

16.    In an appeal in a criminal action the Court of Appeals and
the Court of Special Appeals
shall give judgment without regard to
technical errors, defects or exceptions which do not affect the sub-
stantial rights of the parties.

17.    If the Court of Appeals or the Court of Special Appeals shall
remand a criminal action to the lower court in order that such court
may pronounce the proper judgment or sentence, the lower court in
passing sentence shall deduct from the term of the sentence the time
already served by the defendant under the previous sentence from
the date of his conviction.

21.    In any case [, civil or criminal,] in which a final judgment
has been rendered by the circuit court of any county or by one of
the courts of Baltimore City upon appeal from a justice of the peace,
people's court, trial magistrate, [traffic court magistrate,] or Munic-
ipal Court of Baltimore City if it shall be made to appear to the
Court of Appeals in the case of a civil action or to the Court of
Special Appeals in the case of a criminal action
upon petition of any
party that a review is necessary to secure uniformity of decision, as
where the same statute has been construed differently by the courts
of two or more circuits, or that there are other special circumstances
rendering it desirable and in the public interest that the case should
be reviewed, the Court of Appeals or the Court of Special Appeals,
as the case may be,
shall require by certiorari or otherwise, any such
case to be certified to [the Court of Appeals] it for [its] review and
determination.

21A. In any criminal case, post conviction or defective delin-
quent proceeding in which a decision has been rendered by the Court
of Special Appeals upon appeal from the circuit court of any county,
the Criminal Court of Baltimore, or one of the law courts of Baltimore
City if it shall be made to appear to the Court of Appeals upon peti-
tion of any party, whether a defendant or the State, that a review is
desirable and in the public interest, the Court of Appeals shall re-
quire, by certiorari or otherwise, any such case to be certified to the
Court of Appeals for its review and determination, except no such
petition shall be entertained by the Court of Appeals from the deny-
ing or granting by the Court of Special Appeals of an application
for leave to prosecute an appeal in post conviction and defective
delinquent proceedings and from the denying or granting by the
Court of Special Appeals of a petition for review filed under Section
21 of this article.

22.    An appeal to the Court of Appeals or the Court of Special

 

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Session Laws, 1966
Volume 678, Page 27   View pdf image (33K)   << PREVIOUS  NEXT >>


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