Ch. 56                            MARVIN MANDEL, Governor                                 85

SECTION 2. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Sections 5A through 5D are hereby added to 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," to follow immediately after Section 5 of said Article, to be
under the new subheading "Allocation of Jurisdiction Between Appellate Courts"
and to read as follows:

ALLOCATION OF JURISDICTION BETWEEN APPELLATE COURTS

5A. DEFINITIONS.

(A)      IN THIS SUBTITLE, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED:

(B)      "APPELLATE JURISDICTION" MEANS THE JURISDICTION
EXERCISED BY THE COURT OF APPEALS OR THE COURT OF
SPECIAL APPEALS, WHETHER PURSUANT TO NOTICE OF APPEAL,
APPLICATION FOR LEAVE TO APPEAL, PETITION FOR CERTIORARI,
OR OTHERWISE.

(C)      "CIRCUIT COURT" MEANS THE CIRCUIT COURT FOR A
COUNTY, THE SUPERIOR COURT OF BALTIMORE CITY, COURT OF
COMMON PLEAS, BALTIMORE CITY COURT, CIRCUIT COURT OF
BALTIMORE CITY, CIRCUIT COURT NO. 2 OF BALTIMORE CITY,
AND CRIMINAL COURT OF BALTIMORE, OR ANY OF THEM.

5B. PURPOSE OF SUBTITLE.

THE PURPOSE OF THIS SUBTITLE IS TO ALLOCATE APPELLATE
JURISDICTION BETWEEN THE COURT OF APPEALS AND THE
COURT OF SPECIAL APPEALS. EXCEPT AS EXPRESSLY PROVIDED IN
THIS SUBTITLE, NOTHING IN THIS SUBTITLE CREATES OR
ABROGATES A RIGHT TO APPEAL OR OTHERWISE INVOKES
APPELLATE JURISDICTION GRANTED BY THE LAWS OF THIS
STATE.

5C. APPELLATE JURISDICTION PRIOR TO JANUARY 1, 1975.
(A) UNTIL JANUARY 1, 1975, THE COURT OF APPEALS

(1)    HAS EXCLUSIVE APPELLATE JURISDICTION TO REVIEW ANY
MATTER NOT WITHIN THE EXCLUSIVE INITIAL JURISDICTION OF
THE COURT OF SPECIAL APPEALS, IF PROVISION FOR APPELLATE
REVIEW IS MADE BY LAW;

(2)     HAS EXCLUSIVE INITIAL APPELLATE JURISDICTION WITH
RESPECT TO A QUESTION CERTIFIED TO IT UNDER THE UNIFORM
CERTIFICATION OF QUESTIONS OF LAW ACT; AND

(3)   MAY REVIEW BY WRIT OF CERTIORARI, EITHER ON ITS OWN
MOTION OR UPON PETITION OF A PARTY, ANY CASE PENDING IN
THE COURT OF SPECIAL APPEALS, EITHER BEFORE OR AFTER
DECISION BY THAT COURT. THE COURT OF APPEALS MAY BY
RULE PROVIDE FOR THE NUMBER OF ITS JUDGES WHO MUST
CONCUR TO GRANT THE WRIT OF CERTIORARI IN ANY CASE, BUT
THAT NUMBER MAY NOT EXCEED THREE. REASONS FOR THE
DENIAL OF A WRIT OF CERTIORARI SHALL BE IN WRITING.