Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-706
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Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-706
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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 Court of Special Appeals.
(b) (1) The Court of Special Appeals 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.