Section 12-701 – Stays
(a) (1) An appeal from an orphans’ court or a circuit court stays all proceedings in the orphans’ court concerning the issue appealed. (2) An appeal from an orphans’ court or a circuit court does not stay any proceedings in the orphans’ court that do not concern the issue appealed, if the orphans’ court can provide for conforming […]
Section 12-702 – Sentences Following Appeals
(a) If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, the lower court shall deduct from the term of the new sentence the time served by the defendant under the previous sentence from the date of his conviction. If the […]
Section 12-604 – Power to Reformulate Question
The Court of Appeals of this State may reformulate a question of law certified to it.
Section 12-605 – Certification Order; Record
(a) The court certifying a question of law to the Court of Appeals of this State shall issue a certification order and forward it to the Court of Appeals of this State. (b) Before responding to a certified question, the Court of Appeals of this State may require the certifying court to deliver all or part of […]
Section 12-606 – Contents of Certification Order
(a) A certification order shall contain: (1) The question of law to be answered; (2) The facts relevant to the question, showing fully the nature of the controversy out of which the question arose; (3) A statement acknowledging that the Court of Appeals of this State, acting as the receiving court, may reformulate the question; and (4) The names and […]
Section 12-607 – Notice; Response
The Court of Appeals of this State, acting as a receiving court, shall notify the certifying court of acceptance or rejection of the question and, in accordance with notions of comity and fairness, respond to an accepted certified question as soon as practicable.
Section 12-608 – Procedures
(a) After the Court of Appeals of this State has accepted a certified question, proceedings are governed by the Maryland Rules. (b) Procedures for certification from this State to a receiving court are those provided in the rules and statutes of the receiving forum.
Section 12-609 – Opinion
The Court of Appeals of this State shall state in a written opinion the law answering the certified question and send a copy of the opinion to the certifying court, counsel of record, and parties appearing without counsel.
Section 12-309 – Appeals From Award of Video Lottery Operation Licenses
(a) A petition for judicial review of a final decision by the State Board of Contract Appeals in an appeal from the award of a video lottery operation license by the Video Lottery Facility Location Commission may be heard in the circuit court of any county in which venue would be appropriate under § 6–201 of […]
Section 12-610 – Cost of Certification
Fees and costs are the same as in civil appeals docketed before the Court of Appeals of this State and shall be equally divided between the parties unless otherwise ordered by the certifying court.