Md. Code Ann., Cts. & Jud. Proc. § 3-706
Release for invalidity of law
Effective Dec 14, 2022Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 2023, c. 49, § 6.State 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.
(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.
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.