Maryland Code § CJ-3-707

Section CJ-3-707
Open in Lexace · Ask the AI about this section
(a) If a judge refuses to issue a writ of habeas corpus sought for the purpose
of determining the right to bail, or if a judge sets bail claimed to be excessive prior to
trial or after conviction, but prior to final judgment, a petitioner may apply to the
Appellate Court of Maryland for leave to appeal from the refusal.

(b) (1) A petitioner shall file the application for leave to appeal within
ten days after the denial or grant of habeas corpus relief stating briefly why the order
of the lower court should be reversed or modified.
(2) The record on the application for leave to appeal shall contain a
copy of the petition for habeas corpus, the State's answer, if any, the order of the
court, and the memorandum of reasons issued by the judge.
(3) If the Court grants the application, it may order the preparation
of a transcript of any proceedings related to the habeas corpus petition.
(c) (1) The Appellate Court of Maryland may grant or deny the
application for leave to appeal. If the Court grants the application, it may affirm,
reverse, or modify the order of the lower court granting or denying the relief sought
by the writ.
(2) If the Court determines that the lower court was wrong in
refusing to admit to bail or that the bail set is not appropriate, it may determine the
proper amount of bail. This determination is binding on the lower court, unless a
change of circumstances warrants a different decision.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.