MARVIN MANDEL, Governor                                      353

OWN MOTION.

SEC- 12-202. EXCEPTIONS.

NO REVIEW BY WAY OF CERTIORARI MAY BE GRANTED BY
THE COURT OF APPEALS IN A CASE OR PROCEEDING IN WHICH
THE COURT OF SPECIAL APPEALS HAS DENIED OR GRANTED:

(1)   LEAVE TO PROSECUTE AN APPEAL IN A POST
CONVICTION PROCEEDING;

(2)    LEAVE TO PROSECUTE AN APPEAL IN A DEFECTIVE
DELINQUENT PROCEEDING;

(3)   A PETITION FOR CERTIORARI UNDER § 12-305 OF
THIS TITLE; OR

(4) LEAVE TO APPEAL FROM A REFUSAL TO ISSUE A

WRIT OF HABEAS CORPUS SOUGHT FOR THE PURPOSE OF

DETERMINING THE RIGHT TO BAIL OR THE APPROPRIATE
AMOUNT OF BAIL.

SEC. 12-203. ACTION BY COURT OF APPEALS.

IF THE COURT OF APPEALS FINDS THAT REVIEW OF THE
CASE DESCRIBED IN §12-201 IS DESIRABLE AND IN THE
PUBLIC INTEREST, THE COURT OF APPEALS SHALL REQUIRE BY
WRIT OF CERTIORARI THAT THE CASE BE CERTIFIED TO IT
FOR REVIEW AND DETERMINATION. THE WRIT MAY ISSUE
BEFORE OR AFTER THE COURT OF SPECIAL APPEALS HAS
RENDERED A DECISION. 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
THE WRIT SHALL BE IN WRITING.

REVISOR'S NOTE: Sections 12-201 through 12-203 are
Art. 5, § 21A, rearranged for clarity. They
also include portions of §§ 5C(a)(3) and
5D(b)(2) as added to Art. 5, by Ch. 56, Acts
of 1973.

The term "circuit court", as used in §12-201,
includes the various Supreme Bench courts;
see § 12-101(d).

These provisions permit review by the Court
of Appeals prior as well as subsequent to a
decision in the Court of Special Appeals and
allow the Court of Appeals to review on its