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§ 3-707. Leave to appeal for right to bail

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: December 14, 2022

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 7. Habeas Corpus (Refs & Annos)
Effective: December 14, 2022
MD Code, Courts and Judicial Proceedings, § 3-707
§ 3-707. Leave to appeal for right to bail
Currentness
In general
(a) If a judge refuses to issue a writ of habeas corpus sought for the purpose of determining the right to bail, or if a judge sets bail claimed to be excessive prior to trial or after conviction, but prior to final judgment, a petitioner may apply to the Appellate Court of Maryland for leave to appeal from the refusal.
Applications for leave to appeal
(b)(1) A petitioner shall file the application for leave to appeal within ten days after the denial or grant of habeas corpus relief stating briefly why the order of the lower court should be reversed or modified.
(2) The record on the application for leave to appeal shall contain a copy of the petition for habeas corpus, the State's answer, if any, the order of the court, and the memorandum of reasons issued by the judge.
(3) If the Court grants the application, it may order the preparation of a transcript of any proceedings related to the habeas corpus petition.
Grant or denial of applications for leave to appeal
(c)(1) The Appellate Court of Maryland may grant or deny the application for leave to appeal. If the Court grants the application, it may affirm, reverse, or modify the order of the lower court granting or denying the relief sought by the writ.
(2) If the Court determines that the lower court was wrong in refusing to admit to bail or that the bail set is not appropriate, it may determine the proper amount of bail. This determination is binding on the lower court, unless a change of circumstances warrants a different decision.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 691, § 8; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 2023, c. 49, § 6.
Formerly Art. 42, § 20.
MD Code, Courts and Judicial Proceedings, § 3-707, MD CTS & JUD PRO § 3-707
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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