Home Table of Contents

§ 7-109. Appeal of final order

West's Annotated Code of MarylandCriminal ProcedureEffective: December 14, 2022

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 7. Uniform Postconviction Procedure Act (Refs & Annos)
Subtitle 1. In General (Refs & Annos)
Effective: December 14, 2022
MD Code, Criminal Procedure, § 7-109
§ 7-109. Appeal of final order
Applications for leave to appeal order
(a) Within 30 days after the court passes an order in accordance with this subtitle, a person aggrieved by the order, including the Attorney General and a State's Attorney, may apply to the Appellate Court of Maryland for leave to appeal the order.
Form of leave to appeal and actions of court
(b)(1) The application for leave to appeal shall be in the form set by the Maryland Rules.
(2) If the Attorney General or a State's Attorney states an intention to file an application for an appeal under this section, the court may:
(i) stay the order; and
(ii) set bail for the petitioner.
(3) If the application for leave to appeal is granted:
(i) the procedure for the appeal shall meet the requirements of the Maryland Rules; and
(ii) the Appellate Court of Maryland may:
1. affirm, reverse, or modify the order appealed from; or
2. remand the case for further proceedings.
(4) If the application for leave to appeal is denied, the order sought to be reviewed becomes final.
Costs and expenses of review
(c) The Appellate Court of Maryland shall direct the political subdivision in which an order is passed to pay the necessary costs and expenses associated with a review under this section, including all court costs, stenographic services, and printing, if:
(1) a person seeks a review under this section within 30 days after judgment;
(2) the Appellate Court of Maryland grants leave to appeal under this section; and
(3) the Appellate Court of Maryland finds that the person is unable to pay the costs of the review.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2023, c. 49, § 6.
Formerly Art. 27, §§ 645E, 645-I.
MD Code, Criminal Procedure, § 7-109, MD CRIM PROC § 7-109
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document