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Session Laws, 1970
Volume 695, Page 181   View pdf image
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Marvin Mandel, Governor                         181

county, the Criminal Court of Baltimore, or one of the law or equity
courts of Baltimore City, if it shall be made to appear to the Court
for Appeals upon petition of any party, [whether a defendant or]
including the State, that a review is desirable and in the public
interest, the Court of Appeals shall require, by certiorari or other-
wise, 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 denying 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.

Sec. 3. And, be it further enacted by the General Assembly of
Maryland,
That Sections 66K and 84 of Article 16 of the Annotated
Code of Maryland (1957 Edition, 1966 Replacement Volume), title
"Chancery," subtitles "Paternity Proceedings" and "Adoption," be
and they are hereby repealed and re-enacted, with amendments, all
to read as follows:

66K.

[The right of any] Any party shall have the same right to ap-
peal to the Court of Special Appeals of Maryland from an order of
the court [shall be the same], as in any other case [tried in the
equity or laws courts of this State.] subject to the appellate jurisdic-
tion of the Court of Special Appeals.

84.

Any party to an adoption proceeding may appeal to the Court
of Special Appeals from any interlocutory or final order or decree
of the trial court.

Sec. 4. And be it further enacted by the General Assembly of
Maryland,
That Section 645A (e) of Article 27 of the Annotated
Code of Maryland (1957 Edition, 1967 Replacement Volume), title
"Crimes and Punishments," subtitle "Post Conviction Procedure,"
be and it is hereby repealed and reenacted, with an amendment, to
read as follows:

645A.

(e) The remedy herein provided is not a substitute for, nor
does it affect any remedies which are incident to the proceedings
in the trial court or before the trial magistrate (including a judge
of the Municipal Court of Baltimore City or of the people's court
of any county) or any remedy of direct review of the sentence or
conviction. A petition for relief under this subtitle may be filed
at any time. No appeals to the Court of Appeals of Maryland or the
Court of Special Appeals in habeas corpus or coram nobis cases,
or from other common-law or statutory remedies which have here-
tofore been available for challenging the validity of incarceration
under sentence of death or imprisonment shall be permitted or en-
tertained, except appeals in such cases pending in the Court of Ap-
peals on June 1, 1958, shall be processed in due course. Provided,

 

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Session Laws, 1970
Volume 695, Page 181   View pdf image
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