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Session Laws, 1973, Special Session
Volume 710, Page 354   View pdf image
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354                                       LAWS OF MARYLAND                            [Ch. 2

own motion, as well as on petition. The time
limit inserted at the end of §12—201 is not
contained in present statutory law, but is
consistent with Md. Rule 812.a. The
provision is added to make it clear that the
"before or after" language is not intended to
supersede the rule.

The exceptions contained in § 12-202 are
essentially those set forth in Art. 5, § 21A,
except that the fourth item is based on the
last sentence of Art. 42, §20, as amended by
Ch. 392, Acts of 1972. It is placed here in
order to include all the principal exceptions
in one place.

The exceptions have also been revised to make
it clear that the Court of Appeals has no
jurisdiction at all to review cases in these
categories. The present language refers in
terms only to actions "denying or granting11
leave to appeal or a writ of certiorari; it
does not expressly prohibit review of a
decision rendered after certiorari, for
example, has been granted.

The revisor is informed that this view of the
statute was adopted by the Court of Appeals
when it withdrew its order granting
certiorari in Cherry v. State, 9 Md. App. 416
(1970).

The only other changes made are in style.

SUBTITLE 3. REVIEW OF DECISIONS OF TRIAL COURTS OF
GENERAL JURISDICTION.

SEC. 12-301. APPEALS FROM FINAL JUDGMENTS.

EXCEPT AS PROVIDED IN §12-302, A PARTY MAY APPEAL
FROM A FINAL JUDGMENT ENTERED IN A CIVIL OR CRIMINAL
CASE BY A CIRCUIT COURT. THE RIGHT OF APPEAL EXISTS
FROM A FINAL JUDGMENT ENTERED BY A COURT IN THE
EXERCISE OF ORIGINAL, SPECIAL, LIMITED, STATUTORY
JURISDICTION, UNLESS IN A PARTICULAR CASE THE RIGHT OF
APPEAL IS EXPRESSLY DENIED BY LAW. IN A CRIMINAL
CASE, THE DEFENDANT MAY APPEAL EVEN THOUGH IMPOSITION
OF EXECUTION OF SENTENCE HAS BEEN SUSPENDED.

REVISOR'S NOTE: This section consolidates and
simplifies the basic provisions of Art. 5,

 

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Session Laws, 1973, Special Session
Volume 710, Page 354   View pdf image
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