RULE 8-204. APPLICATION FOR LEAVE TO APPEAL TO THE APPELLATE COURT
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023
Effective: April 1, 2023
MD Rules, Rule 8-204
RULE 8-204. APPLICATION FOR LEAVE TO APPEAL TO THE APPELLATE COURT
Cross reference: For Code provisions governing applications for leave to appeal, see Courts Article, § 3-707 concerning bail; Courts Article, § 12-302 (e) concerning guilty plea cases; Courts Article, § 12-302 (g) concerning revocation of probation cases; Criminal Procedure Article, § 11-103 concerning victims of violent crimes or delinquent acts; Criminal Procedure Article, § 7-109 concerning post conviction cases; Correctional Services Article, § 10-206 et seq. concerning inmate grievances; and Criminal Procedure Article, §§ 3-118 (e)(2), 3-119 (d)(2), and 3-121 (k)(2) concerning continued commitment, conditional release, or discharge of an individual committed as not criminally responsible by reason of insanity or incompetent to stand trial.
(B) Interlocutory Appeal by Victim. An application with regard to an interlocutory appeal by a victim pursuant to Code, Criminal Procedure Article, § 11-103 alleging that the criminal or juvenile court denied or failed to consider a victim's right may be filed at the time the victim's right is actually being denied or within 10 days after the request is made on behalf of the victim, whether or not the court has ruled on the request.
Committee note: Code, Courts Article, § 11-103 (c) provides that the filing of an application for leave to appeal by a victim does not stay other proceedings in a criminal or juvenile action unless all parties in the action consent to the stay.
(4) Service. If the applicant is the State of Maryland, it shall serve a copy of the application on the adverse party in compliance with Rule 1-321. Any other applicant shall serve a copy of the application on the Attorney General in compliance with Rule 1-321. If the applicant is not represented by an attorney, the clerk of the lower court shall promptly mail a copy of the application to the Attorney General.
(1) Time for Transmittal. The clerk of the lower court shall transmit the record, together with the application, to the Appellate Court within (A) five days after the filing of an application by a victim for leave to file an interlocutory appeal pursuant to Code, Criminal Procedure Article, § 11-103, (B) 30 days after the filing of an application for leave to appeal in any other case, or (C) such shorter time as the appellate court may direct. The clerk shall notify each party of the transmittal.
(4) Victims. On application by a victim for leave to appeal pursuant to Code, Criminal Procedure Article, § 11-103, the record shall contain (A) the application; (B) any response to the application filed by the defendant, a child or liable parent under Code, Criminal Procedure Article, § 11-601, the State's Attorney, or the Attorney General; (C) any pleading regarding the victim's request including, if applicable, a statement that the court has failed to consider a right of the victim; and (D), if applicable, any order or decision of the court.
(d) Response. Within 15 days after the clerk of the lower court sends the notice that the record and application have been transmitted to the Appellate Court, any other party may file a response in the Appellate Court stating why leave to appeal should be denied or granted, except that any response to an application for leave to appeal with regard to bail pursuant to Code, Courts Article, § 3-707 or with regard to an interlocutory appeal by a victim pursuant to Code, Criminal Procedure Article, § 11-103 shall be filed within five days after service of the application.
(1) Generally. Further proceedings directed under subsection (f)(5) of this Rule shall be conducted pursuant to this Title and as if the order granting leave to appeal were a notice of appeal filed pursuant to Rule 8-202. If the record on application for leave to appeal is to constitute the entire record to be considered on the appeal, the time for the filing of the appellant's brief shall be within 40 days after the date of the order granting leave to appeal.
(2) Further Proceedings in Interlocutory Appeals of Denial of Victims' Rights. If the order granting leave to appeal involves an interlocutory appeal by a victim pursuant to Code, Criminal Procedure Article, § 11-103, the Court may schedule oral argument without the submission of briefs and shall consider the application and any responses in lieu of briefs.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rules 1093 a, 1095 a 1, 2 and 4, and 1096 a 1, 2, and 4.
Section (c) is derived from former Rules 1093 b, 1095 a 3, and 1096 a 3.
Section (d) is new.
Section (e) is derived from former Rules 1093 c, 1095 b, and 1096 b.
Section (f) is new.
Section (g) is derived from former Rules 1093 d, 1095 c, and 1096 c.
Credits
[Adopted Nov. 19, 1987, eff. July 1, 1988. Amended June 20, 1991, eff. July 1, 1991; June 7, 1994, eff. Oct. 1, 1994; Jan. 20, 1999, eff. July 1, 1999; May 9, 2000, eff. July 1, 2000; Jan. 8, 2002, eff. Feb. 1, 2002; April 5, 2005, eff. July 1, 2005; Nov. 8, 2005, eff. Jan. 1, 2006; Dec. 4, 2007, eff. Jan. 1, 2008; Sept. 8, 2011, eff. Jan. 1, 2012; April 9, 2018, eff. July 1, 2018; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 8-204, MD R A CT AND SPEC A Rule 8-204
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document |