HARRY HUGHES, Governor

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(II)  IN SUCH CASES, THE APPEAL SHALL BE
MADE BEFORE JEOPARDY ATTACHES TO THE DEFENDANT. HOWEVER, IN
THESE CASES, THE APPEAL SHALL BE TAKEN NOT MORE THAN 15 DAYS
AFTER THE DECISION HAS BEEN RENDERED AND SHALL BE DILIGENTLY
PURSUED.

(III)  WITHIN 120 DAYS AFTER THE APPEAL IS
FILED, THE APPEAL SHALL BE HEARD AND THE DECISION RENDERED
ON THE APPEAL; OTHERWISE, THE DECISION OF THE TRIAL COURT
SHALL BE FINAL.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

May 19, 1981
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the
Maryland Constitution, today I have vetoed House Bill 516.

This bill gives the State the right to appeal rulings
of a trial court suppressing evidence vital to the
prosecution of violent crimes. The State does not now enjoy
the right to appeal an adverse ruling regardless of how
erroneous the ruling might be.

The defendant presently has the right to have an
adverse ruling on a pre-trial motion reviewed on appeal not
at the time of the ruling but at the conclusion of the trial
if he is found guilty. The bill also gives the defendant
the unnecessary right to an immediate appeal of an adverse
ruling on a pre-trial motion which would abate the trial at
that point. Though, implementation of this procedure may
seem equitable at first glance, it could be utilized in a
fashion that would serve to frivolously obstruct the timely
disposition of criminal cases, and would serve to place an
even greater burden upon the already overburdened Court of
Special Appeals.

For this reason I have decided to veto House Bill -516.

Sincerely,
Harry Hughes
Governor