Tag Archive | ALA

Maryland’s Discretionary Standard for Applications for Leave to Appeal

By Steve Klepper (Twitter: @MDAppeal)

Maryland has an unusual procedure for appeals in post-conviction cases. The losing party, whether the State or the criminal defendant, must apply for leave to appeal. Our intermediate appellate court, the Court of Special Appeals (COSA), has unreviewable discretion whether to grant merits review of the decision. Our high court, the Court of Appeals, lacks statutory authority to review COSA’s discretionary decision to deny merits review.[1] No rule, statute, or decision tells us what standard governs that exercise of discretion.

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