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Session Laws, 1976
Volume 734, Page 1241   View pdf image
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MARVIN MANDEL, Governor                            1241

adjudicatory order; and the assessment of any special
benefit tax: Provided, that upon any decision by a county
board of appeals it shall file an opinion which shall
include a statement of the facts found and the grounds
for its decision. Any person aggrieved by the decision
of the board and a party to the proceeding before it may
appeal to the circuit court for the county which shall
have power to affirm the decision of the board, or if
such decision is not in accordance with law, to modify or
reverse such decision, with or without remanding the case
for rehearing as justice may require. Any party to the
proceeding in the circuit court aggrieved by the decision
of the said court may appeal from such decision to the
Court of SPECIAL Appeals. The review proceedings
provided by this subsection shall be exclusive.

SECTION 6. AND BE IT FURTHER ENACTED, That Sections
75(a), 75(e), 443(g), 645A(b), 645A(e), 645E, and 645-I
of Article 27 — Crimes and Punishments, of the Annotated
Code of Maryland (1971 Replacement Volume and 1975
Supplement) be and they are hereby repealed and
reenacted, with amendments, to read as follows:

Article 27 — Crimes and Punishments

75.

(a) When a person is sentenced to the punishment of
death, the judge or judges presiding in the court shall,
at the time of passing sentence, make out, sign and issue
a warrant directed to the warden of the Maryland
Penitentiary, stating the conviction and sentence and
appointing a week within which the sentence must be
executed, and commanding the said warden to execute the
sentence upon some day within the week so appointed. If
a proceeding is instituted in any federal court or in any
court of this State or before any judge thereof to test
the validity of the conviction, other than by an appeal
to the Court of SPECIAL Appeals OR ON CERTIORARI IN THE
COURT OF APPEALS [of Maryland], the warrant shall remain
in full force and effect unless the court, or judge
thereof, in which or before whom such proceeding is
instituted, shall pass an order revoking the warrant.
In any case in which a stay of execution has resulted by
reason of an appeal to the Court of SPECIAL Appeals OR ON
CERTIORARI IN THE COURT OF APPEALS [of Maryland] after
compliance with the requirements of [Article 5 of the
Code, subtitle "Appeals in Criminal Cases,"] TITLE 12 OF
THE COURTS ARTICLE ON APPEALS IN CRIMINAL CASES and the
judgment has been affirmed, and in any case in which the
warrant has been revoked by the order of a court in a
proceeding to test the validity of the conviction and the
conviction has not been set aside, the judge or judges,
or one of them, who imposed the sentence, or the judge or
judges, or one of them, then presiding in the trial court
in which the sentence was imposed shall make out, sign
and issue another warrant of execution in the manner and
to the effect hereinbefore prescribed.

 

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Session Laws, 1976
Volume 734, Page 1241   View pdf image
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