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Session Laws, 1973
Volume 709, Page 83   View pdf image
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Ch. 56                               MARVIN MANDEL, Governor                                   83

repeal Section 21B of said Article, title and subtitle, subheading "Certiorari",
and to enact new Sections 5A through 5D of said Article, title, and subtitle, to
stand in the place of the Sections repealed, and to be under the new subheading
"Allocation of Jurisdiction between Appellate Courts," providing for the
elimination of procedures for the transfer of cases between the Court of Appeals
and the Court of Special Appeals, defining terms, increasing the jurisdiction of
the Court of Special Appeals, allocating jurisdiction between the two courts
both before and after January 1, 1975; providing that the Court of Appeals may
review by certiorari a case pending in the Court of Special Appeals either before
or after decision in the latter court, and either on its own motion or on motion
of a party; eliminating appeals as of right to the Court of Appeals after January
1, 1975; providing for procedures for the grant of certiorari by the Court of
Appeals and relating generally to procedures in and jurisdiction of the Court of
Appeals and the Court of Special Appeals.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 5A and 5B of Article 5 of the Annotated Code of
Maryland (1968 Replacement Volume and 1972 Supplement), title "Appeals,"
subtitle "Appeals to Court of Appeals and Court of Special Appeals," subheading
"Jurisdiction of Court of Appeals and Court of Special Appeals," and Section 21B
of said Article, title and subtitle, subheading "Certiorari," be and they are hereby
repealed.

[5A.

The Court of Appeals shall have exclusive appellate jurisdiction over all appeals
which are not subject to the exclusive initial appellate 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 § 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 § 11 or 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 §§ 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 forfeiture 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 § 645-I of Article 27 of this Code or by any
other laws of this State.

(6)  All cases or proceedings in which any application for writ of habeas corpus
has been granted or denied and from which a right of appeal or review is granted
by § 25 of Article 41, by § 19 of Article 42 or by § 20 of Article 42 of this Code
or by any other laws of this State.

(7)   All actions or proceedings for contempt of court from which a right to
appeal is granted by § 7 (e) or 18 of Article 5 of this Code or by any other laws of
this State.

(8)  All adoption proceedings from which a right to appeal is granted by § 84 of
Article 16 of this Code or by any other laws of this State.

(9)  All custody proceedings from which a right to appeal is granted by § 19 of
Article 5 of this Code or by any other laws of this State.

 

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Session Laws, 1973
Volume 709, Page 83   View pdf image
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