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

645E. If after judgment, a review is sought by the petitioner
within thirty (30) days and the Court of Appeals or the Court of
Special Appeals
grants leave to appeal pursuant to Section 1 645-I of
this Article and [that court] either of said Courts finds that the peti-
tioner is unable to pay the costs of the review, [the Court] said
Courts
shall order that all necessary costs and expenses incident
thereto, including all court costs, stenographic services, and print-
ing, be paid by the political subdivision in which the judgment is
rendered.

645-I. Any person, including the Attorney General of Maryland
or the State's attorney for Baltimore City or any county, as the case
may be, aggrieved by the order of the court or judge passed in
accordance with this subtitle, may within thirty (30) days after the
passage of said order apply to the Court of Appeals of Maryland for
leave to prosecute an appeal therefrom [.] in cases where the appli-
cant is incarcerated under sentence of death, and may within thirty
(30) days after the passage of said order apply to the Court of
Special Appeals for leave to prosecute an appeal therefrom in all
other cases.
Said application for leave to prosecute an appeal shall
be in such form as [the Court of Appeals] said appellate Courts
may, by [its] their rules, prescribe, and in the event that the Attor-
ney General or the State's attorney shall forthwith state his inten-
tion to file such application for an appeal, the order may be stayed,
but the judge may, in his discretion, admit the petitioner to bail for
his appearance when required. If the application to prosecute such
appeal shall be granted, the procedure thereafter shall be in con-
formity with the rules of [the Court of Appeals] said appellate
Courts
and the [Court] Courts may affirm, reverse or modify the
order appealed from, or [it] they may remand the case for further
proceedings, but if said application is denied, the order sought to be
reviewed shall thereby become final, to the same extent and with the

same effect as if said order had been affirmed on appeal.

Sec. 5. And be it further enacted, That Sections 11 and 11A of
Article 31B of the said Code (1965 Supplement), title and subtitle
"Defective Delinquents", be and they are hereby repealed and re-en-
acted, with amendments, and all to read as follows:

Article 31B

11. From any court order issued under the provisions of Section
9, or of Section 10, within thirty (30) days after the passage of the
order, application may be made to the [Court of Appeals] Court of
Special Appeals
for leave to appeal from the order. The application
for leave to appeal shall be in such form as the [Court of Appeals]
Court of Special Appeals may, by its rules, prescribe. If the Attorney
General or the State's attorney shall state an intention to file an
application for leave to appeal, the order may be stayed. If the appli-
cation for leave to appeal is granted, the procedure for appeal shall
conform with the rules of the [Court of Appeals] Court of Special
Appeals.
On appeal, the Court may affirm, reverse or modify the
order appealed, or it may remand the case for further proceedings.
If the application for leave to appeal is denied, the order sought to
be reviewed shall become final [to the same extent and with the same
effect as if the order had been affirmed on appeal].

11A. Whenever a defendant desires to file an application for leave
to appeal in order to appeal as provided in Section 11, and is unable

 

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


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