132                                       LAWS OF MARYLAND                            [Ch. 2

REVISOR'S NOTE: This section is new language
derived from Art. 42, §17. This section is
modified to reflect the present practice.

SEC. 3-706. DISCHARGE FOR UNCONSTITUTIONALITY OF LAW.

(A)    MEMORANDUM TO BE FILED AFTER DISCHARGE FOR
UNCONSTITUTIONALITY OF LAW.

IF A PERSON IS RELEASED OR DISCHARGED BY A JUDGE
UNDER THE WRIT OF HABEAS CORPUS ON THE GROUND THAT THE
LAW UNDER WHICH THE PERSON WAS CONVICTED IS
UNCONSTITUTIONAL, IN WHOLE OR IN PART, THE JUDGE SHALL
FILE A MEMORANDUM WITHIN FIVE DAYS AFTER THE RELEASE
OR DISCHARGE AND TRANSMIT IT WITH ORIGINAL PAPERS IN
THE CASE TO THE CLERK OF THE COURT OF SPECIAL APPEALS.

(B)   OPINION OF COURT OF SPECIAL APPEALS.

(1)   THE COURT OF SPECIAL APPEALS SHALL
CONSIDER THE MEMORANDUM AND THE ORIGINAL PAPERS AT THE
EARLIEST FEASIBLE TIME AND RENDER ITS OPINION.

(2)    THE OPINION HAS THE SAME EFFECT AS AN
OPINION FILED IN A CASE FORMALLY HEARD AND DETERMINED
BY THE COURT ON AN APPEAL.

REVISOR'S NOTE: This section is new language
derived from Art. 42, §19. This section is
divided in two subsections to emphasize the
sequence of procedure when a person is
discharged for unconstitutionality of law.
The wording of the draft is similar to Rule
Z56.

The phrase "is unconstitutional and void,
in whole or in part because contrary to the
Constitution or Bill of Rights of this
State, or because contrary to the
Constitution of the United States" is
shortened to avoid a redundancy and
replaced with "is unconstitutional in whole
or in part".

SEC. 3-707. APPLICATION FOR LEAVE TO APPEAL IN REGARD
TO BAIL.

(A) IN GENERAL.

IF A JUDGE REFUSES TO ISSUE A WRIT OF HABEAS
CORPUS SOUGHT FOR THE PURPOSE OF DETERMINING THE RIGHT