§ 12-302. Appeals not permitted
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2022
Effective: October 1, 2022
MD Code, Courts and Judicial Proceedings, § 12-302
§ 12-302. Appeals not permitted
Final judgment of court reviewing decision of District Court, administrative agency, or local legislative body
(a) Unless a right to appeal is expressly granted by law, § 12-301 of this subtitle does not permit an appeal from a final judgment of a court entered or made in the exercise of appellate jurisdiction in reviewing the decision of the District Court, an administrative agency, or a local legislative body.
(b) Section 12-301 of this subtitle does not apply to appeals in contempt cases, which are governed by § 12-304 of this subtitle and § 12-402 of this title.
(c)(1) In a criminal case, the State may appeal as provided in this subsection.
(ii) For cases listed in subparagraph (i) of this paragraph, the State may appeal from a decision of a trial court that excludes evidence offered by the State or requires the return of property alleged to have been seized in violation of the Constitution of the United States, the Maryland Constitution, or the Maryland Declaration of Rights.
(iv) Before taking the appeal, the State shall certify to the court that the appeal is not taken for purposes of delay and that the evidence excluded or the property required to be returned is substantial proof of a material fact in the proceeding. The appeal shall be heard and the decision rendered within 120 days of the time that the record on appeal is filed in the appellate court. Otherwise, the decision of the trial court shall be final.
(v) Except in a homicide case, if the State appeals on the basis of this paragraph, and if on final appeal the decision of the trial court is affirmed, the charges against the defendant shall be dismissed in the case from which the appeal was taken. In that case, the State may not prosecute the defendant on those specific charges or on any other related charges arising out of the same incident.
(vi) 1. Except as provided in subsubparagraph 2 of this subparagraph, pending the prosecution and determination of an appeal taken under this paragraph or paragraph (2) of this subsection, the defendant shall be released on personal recognizance bail. If the defendant fails to appear as required by the terms of the recognizance bail, the trial court shall subject the defendant to the penalties provided in § 5-211 of the Criminal Procedure Article.
2. A. Pending the prosecution and determination of an appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which the defendant is charged with a crime of violence, as defined in § 14-101 of the Criminal Law Article, or a firearm-related crime listed in subparagraph (i)3 or 4 of this paragraph, the court may release the defendant on any terms and conditions that the court considers appropriate or may order the defendant remanded to custody pending the outcome of the appeal.
(d) Section 12-301 of this subtitle does not permit an appeal from the decision of the judges of a circuit court sitting in banc pursuant to Article IV, § 22 of the Maryland Constitution, if the party seeking to appeal is the party who moved to have the point or question reserved for consideration of the court in banc.
(e)(1) In this subsection, “conditional plea of guilty” means a guilty plea with which the defendant preserves in writing any pretrial issues that the defendant intends to appeal.
(f) Section 12-301 of this subtitle does not permit an appeal from the order of a sentence review panel of a circuit court under Title 8 of the Criminal Procedure Article, unless the panel increases the sentence.
Credits
Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1976, c. 49, § 1; Acts 1982, c. 493; Acts 1983, c. 295; Acts 1984, c. 255; Acts 1989, c. 5, § 1; Acts 1989, c. 573; Acts 1989, c. 584; Acts 1989, c. 806; Acts 1991, c. 240; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 141, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 461, § 1, eff. Oct. 1, 2004; Acts 2004, c. 462, § 1, eff. Oct. 1, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2005, c. 328, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2012, c. 410, § 1, eff. Oct. 1, 2012; Acts 2013, c. 43, § 5; Acts 2014, c. 45, § 1, eff. April 8, 2014; Acts 2022, c. 142, § 1, eff. Oct. 1, 2022.
Formerly Art. 5, §§ 1, 14.
MD Code, Courts and Judicial Proceedings, § 12-302, MD CTS & JUD PRO § 12-302
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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