Md. R. Spec. Proc. 15-312

As amended through April 5, 2024

Rule 15-312 - Discharge on Ground of Unconstitutionality-Review

When an individual is released or discharged under a writ of habeas corpus on the ground that all or part of the statute or law under which the individual was convicted is unconstitutional, the memorandum or the transcription required by Rule 15-311 shall be filed by the judge within five days after the judge orders the release or discharge. The clerk shall promptly transmit the record to the Clerk of the Appellate Court for further proceedings.

Md. R. Spec. Proc. 15-312

This Rule is derived from former Rule Z56.

Adopted June 5, 1996, eff. 1/1/1997; amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure Z56, adopted May 10, 1963, eff. May 15, 1963, amended June 22, 1970, eff. July 1, 1970, related to writs of habeas corpus based upon a determination of a statute or law's unconstitutionality, rescinded June 5, 1996, eff. Jan. 1, 1997.

Committee note: The provisions of Title 8 are applicable to proceedings under this Rule except to the extent otherwise provided.

See Code, Courts Article, § 3-706 and Rule 8-413.