§ 3-706

Maryland § 3-706

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 3

Text

(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.