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Session Laws, 1973, Special Session
Volume 710, Page 134   View pdf image
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134                                            LAWS OF MARYLAND                                [Ch.

statute contains an error in that the word
"not" was inadvertently omitted by the
Legislature. It appears, however, that
even if this word is included, it would
make this portion of the statute
unnecessary. The provision specifying the
content of the record is sufficiently
explanatory- Consequently, the Commission
feels that only provision which deals with
the court's order concerning the
preparation of transcript after the
application for leave to appeal is
granted, should be retained.

The provision denying the right to apply
for certiorari to the Court of Appeals from
the action taken by the Court of Special
Appeals on the application is proposed for
deletion as unnecessary. Title 12,
§12-202(4) covers this provision.

A decision in a habeas corpus case is
normally not a final judgment, Hudson v.
Superintendent, 11 Md. App. 253 (1971), nor
is an exercise of habeas corpus
jurisdiction, the exercise of special,
limited, criminal, statutory jurisdiction.
Thus, the provision of §12—301 does not
provide for an appeal in habeas corpus
cases, and there is no appeal unless
especially provided; see also Art. 27,
§645A (b). The present provision permitting
limited appeals in habeas corpus are Art.
41, §25, and Art. 42, §§ 19 and 20. The
latter two are also included in this
section and §§3-706 and 3-707.

SUBTITLE 8. JUVENILE CAUSES.
SEC. 3-801. DEFINITIONS.

(A)   IN GENERAL.

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B)   ADJUDICATORY HEARING.

"ADJUDICATORY HEARING" MEANS A HEARING TO
DETERMINE THE TROTH OF THE ALLEGATIONS IN THE
PETITION.

 

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Session Laws, 1973, Special Session
Volume 710, Page 134   View pdf image
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