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7 Maryland opinions name it 2 courts 2002–2025 1 in the last five years
The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gluckstern v. Suttongreen2 sentences2019CP § 7-107(b). 17 In Gluckstern, the Court of Appeals interpreted a provision similar to CP § 7-1078 as barring the right of appeal in habeas corpus cases where the prisoner was challenging the original criminal proceeding, which had led to the incarceration, but permitting appeals “[i]n situations where the Postconviction Procedure Act did not provide a remedy, and thus was not a substitute for habeas corpus[.]” Gluckstern, 319 Md. at 662 . 2019CP § 7-107(b). 17 In Gluckstern, the Court of Appeals interpreted a provision similar to CP § 7-1078 as barring the right of appeal in habeas corpus cases where the prisoner was challenging the original criminal proceeding, which had led to the incarceration, but permitting appeals “[i]n situations where the Postconviction Procedure Act did not provide a remedy, and thus was not a substitute for habeas corpus[.]” Gluckstern, 319 Md. at 662 . | 1 | 3 |
Simms v. Maryland Dept. of Healthgreen1 sentence2019See, e.g., Simms v. Maryland Dep’t of Health, 240 Md. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Simms v. Shearin, Warden
green
2 sentences2019We further noted that the Court of Appeals has identified four statutes authorizing appeals from final orders in habeas corpus cases: CP § 9-110, “which authorizes appeals in extradition cases;” CJP § 3-706, “which provides for an appeal if a court issued a writ of habeas corpus based on the unconstitutionality of the law under which the petitioner was convicted;” CJP § 3-707, “which authorizes an application for leave to appeal in cases involving right to bail or allegedly excessive bail;” and CP § 7-107, part of the Maryland Uniform Postconviction Procedure Act, “which permits an appeal if t 2019We further noted that the Court of Appeals has identified four statutes authorizing appeals from final orders in habeas corpus cases: CP § 9-110, “which authorizes appeals in extradition cases;” CJP § 3-706, “which provides for an appeal if a court issued a writ of habeas corpus based on the unconstitutionality of the law under which the petitioner was convicted;” CJP § 3-707, “which authorizes an application for leave to appeal in cases involving right to bail or allegedly excessive bail;” and CP § 7-107, part of the Maryland Uniform Postconviction Procedure Act, “which permits an appeal if t | 3 | 2018–2019 |
Sabisch v. Moyer
green
1 sentence2025Under CP § 7-107(b)(2)(ii), an appeal is permitted to the Appellate Court of Maryland from any “proceeding in which a writ of habeas corpus is sought for a purpose other than to challenge the legality of a conviction of a crime or sentence of imprisonment for the conviction of the crime[.]” See Sabisch, 466 Md. at 351 ; Md. | 1 | 2025–2025 |
Hendershott v. Young
green
1 sentence2019The lawyer refused to sign a summons to appear at the People’s Court and instead was taken before “a justice of the peace who this title, a person may not appeal to the Court of Appeals or the Court of Special Appeals. (2) This subtitle does not bar an appeal to the Court of Special Appeals: (i) in a habeas corpus proceeding begun under § 9-110 of this article; or (ii) in any other proceeding in which a writ of habeas corpus is sought for a purpose other than to challenge the legality of a conviction of a crime or sentence of imprisonment for the conviction of the crime, including confinement | 1 | 2019–2019 |
Maryland Correctional Institution v. Lee
green
2 sentences2002In Maryland Correctional Inst. v. Lee, 362 Md. 502, 514 , 766 A.2d 80 (2001), the Court of Appeals confirmed that the Act "provides authorization for appeals in a proceeding where ‘a writ of habeas corpus is sought for any purpose other than to challenge the legality of a conviction of a crime or sentence.' ” 5 . 2002In Maryland Correctional Inst. v. Lee, 362 Md. 502, 514 , 766 A.2d 80 (2001), the Court of Appeals confirmed that the Act "provides authorization for appeals in a proceeding where ‘a writ of habeas corpus is sought for any purpose other than to challenge the legality of a conviction of a crime or sentence.' ” 5 . | 1 | 2002–2002 |