MARVIN MANDEL, Governor                                       133

TO BAIL, OR IF A JUDGE SETS BAIL CLAIMED TO BE
EXCESSIVE PRIOR TO TRIAL OR AFTER CONVICTION, BUT
PRIOR TO FINAL JUDGMENT, A PETITIONER MAY APPLY TO THE
COURT OF SPECIAL APPEALS FOR LEAVE TO APPEAL FROM THE
REFUSAL.

(B)    APPLICATION FOR LEAVE TO APPEAL TO BE FILED
WITHIN 10 DAYS.

(1)     A PETITIONER SHALL FILE THE
APPLICATION FOR LEAVE TO APPEAL WITHIN 10 DAYS AFTER
THE DENIAL OR GRANT OF HABEAS CORPUS RELIEF STATING
BRIEFLY WHY THE ORDER OF THE LOWER COURT SHOULD BE
REVERSED OR MODIFIED.

(2)   THE RECORD ON THE APPLICATION FOR
LEAVE TO APPEAL SHALL CONTAIN A COPY OF THE PETITION
FOR HABEAS CORPUS, THE STATE'S ANSWER, IF ANY, THE
ORDER OF THE COURT, AND [[ANY]] THE MEMORANDUM OF
REASONS ISSUED BY THE JUDGE.

(3)   IF THE COURT GRANTS THE APPLICATION,
IT MAY ORDER THE PREPARATION OF A TRANSCRIPT OF ANY
PROCEEDINGS RELATED TO THE HABEAS CORPUS PETITION.

(C)   DETERMINATION BY COURT OF SPECIAL APPEALS.

(1)   THE COURT OF SPECIAL APPEALS MAY GRANT
OR DENY THE APPLICATION FOR LEAVE TO APPEAL. IF THE
COURT GRANTS THE APPLICATION, IT MAY AFFIRM, REVERSE,
OR MODIFY THE ORDER OF THE LOWER COURT GRANTING OR
DENYING THE RELIEF SOUGHT BY THE WRIT.

(2)   IF THE COURT DETERMINES THAT THE LOWER
COURT WAS WRONG IN REFUSING TO ADMIT TO BAIL OR THAT
THE BAIL SET IS NOT APPROPRIATE, IT MAY DETERMINE THE
PROPER AMOUNT OF BAIL. THIS DETERMINATION IS BINDING
ON THE LOWER COURT, UNLESS A CHANGE OF CIRCUMSTANCES
WARRANTS A DIFFERENT DECISION.

REVISOR'S NOTE: This section is new language
derived from Art. 42, §20. The provision
which apparently requires inclusion of a
transcript of the proceedings conducted
incident to the habeas corpus petition
before the application for leave to appeal
is granted, is proposed for deletion.
Apparently this is a typographical error in
the legislation. The Court of Appeals held
in Bigley and Fleming v. Warden, 16 Md.
App. 1 (1972} that this portion of the