Section 3-706 - Discharge for unconstitutionality of law. - Maryland Statutes

§ 3-706. Discharge for unconstitutionality of law.
 

(a)  Memorandum to be filed after discharge.- If a person is released or discharged by a judge under the writ of habeas corpus on the ground that the law under which the person was convicted is unconstitutional, in whole or in part, the judge shall file a memorandum within five days after the release or discharge and transmit it with original papers in the case to the clerk of the Court of Special Appeals. 

(b)  Opinion of Court of Special Appeals.-  

(1) The Court of Special Appeals shall consider the memorandum and the original papers at the earliest feasible time and render its opinion. 

(2) The opinion has the same effect as an opinion filed in a case formally heard and determined by the court on an appeal. 
 

[An. Code 1957, art. 42, § 19; 1973, 1st Sp. Sess., ch. 2, § 1.]