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§ 3-706. Release for invalidity of law

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, § 3-706
§ 3-706. Release for invalidity of law
Currentness
Memorandum and transmission of papers to clerk of Appellate Court of Maryland
(a) If a person is released or discharged by a judge under the writ of habeas corpus on the ground that the law under which the person was convicted is unconstitutional, in whole or in part, the judge shall file a memorandum within five days after the release or discharge and transmit it with original papers in the case to the clerk of the Appellate Court of Maryland.
Review and opinion by Appellate Court of Maryland
(b)(1) The Appellate Court of Maryland shall consider the memorandum and the original papers at the earliest feasible time and render its opinion.
(2) The opinion has the same effect as an opinion filed in a case formally heard and determined by the court on an appeal.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 2023, c. 49, § 6.
Formerly Art. 42, § 19.
MD Code, Courts and Judicial Proceedings, § 3-706, MD CTS & JUD PRO § 3-706
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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