(1) Prior Appellate Decision. Unless otherwise provided by the order granting the writ of certiorari, in reviewing a decision rendered by the Appellate Court or by a circuit court acting in an appellate capacity, the Supreme Court ordinarily will consider only an issue that has been raised in the petition for certiorari or any cross-petition and that has been preserved for review by the Supreme Court. Whenever an issue raised in a petition for certiorari or a cross-petition involves, either expressly or implicitly, the assertion that the trial court committed error, the Supreme Court may consider whether the error was harmless or non-prejudicial even though the matter of harm or prejudice was not raised in the petition or in a cross-petition.

Committee note: The last sentence of subsection (b)(1) of this Rule amends the holding of Coleman v. State, 281 Md. 538 (1977), and its progeny.

(2) No Prior Appellate Decision. Except as otherwise provided in Rule 8-304 (c), when the Supreme Court issues a writ of certiorari to review a case pending in the Appellate Court before a decision has been rendered by that Court, the Supreme Court will consider those issues that would have been cognizable by the Appellate Court.