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Session Laws, 1970
Volume 695, Page 177   View pdf image
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Marvin Mandel, Governor                         177

of Equity," "Appeals in Contempt Cases," "Appeals in Custody
Cases," and "Certiorari" be and they are hereby repealed and re-
enacted, with amendments, to be under the new subtitle "Appeals to
Court of Appeals and to Court of Special Appeals"; and that new
Sections 5A and 5B be and they are hereby added to Article 5 of the
Annotated Code of Maryland (1957 Edition, 1968 Replacement Vol-
ume), title "Appeals," subtitle "Appeals to Court of Appeals and to
Court of Special Appeals," to follow immediately after Section 5
thereof and to be under the new subheading "Jurisdiction of Court
of Appeals and Court of Special Appeals," all to read as follows:

Appeals to Court of Appeals and Court of Special Appeals
1.

Any party may appeal to the Court of Appeals from any final
judgment or determination of a court of law in any civil suit or
action, including a mandamus action, or in any prosecution for the
recovery of any penalty or fine or damages unless the suit or action
or prosecution is subject to the appellate jurisdiction of the Court of
Special Appeals, in which event any party may appeal to the Court
of Special Appeals from such judgment or determination;
provided,
however, that this section shall not be construed to permit an appeal
to the Court of Appeals or to the Court of Special Appeals from any
judgment or determination entered by a court of law in the proper
exercise of its jurisdiction on appeal from a justice of the peace,
people's court, or trial magistrate.

Jurisdiction of Court of Appeals and Court of Special Appeals
5A.

The Court of Appeals shall have exclusive appellate jurisdiction
over all appeals which are not subject to the exclusive initial appel-
late jurisdiction of the Court of Special Appeals. The Court of
Special Appeals shall have exclusive initial appellate jurisdiction
over appeals from any judgment, decree, order or other action of any
county circuit court or any circuit court of Baltimore City or the
Superior Court of Baltimore City, the Baltimore City Court, the
Court of Common Pleas of Baltimore City, or the Criminal Court of
Baltimore City, or by any division of any of the foregoing courts, in
any of the following actions, cases, causes, suits, or proceedings:

(1)    all juvenile causes from which a right to appeal is granted
by Section 70-25 of Article 26 of this Code or by any other laws of
this State.

(2)    all defective delinquent proceedings from which a right to
appeal is granted by Section 11 of Article 31B of this Code or by any
other laws of this State.

(3)    all criminal cases where the sentence is other than death
from which a right to appeal is granted by Section 12, 12A, 13 or 14
of Article 5 of this Code or by any other laws of this State.

(4) all cases or proceedings involving the propriety of the for-
feiture of any bail bond or other recognizance.

(5) all post-conviction proceedings from which a right to appeal
or right to apply for leave to appeal is granted by Section 645-I of
Article 27 of this Code or by any other laws of this State.


 

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Session Laws, 1970
Volume 695, Page 177   View pdf image
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