Appeals in the Court of Appeals

• Jurisdiction: Maryland

VII. Appeals in the Court of Appeals

When there has already been an appeal in the Court of Special Appeals, and the losing party seeks review by the Court of Appeals, that party is the petitioner, and the adverse party is the respondent. Md. Rule 8-111(a). If the respondent cross-appeals, the respondent is the respondent/cross-petitioner, and the petitioner is the petitioner/ cross-respondent. If the appeal has "bypassed" the Court of Special Appeals, the moving party is the appellant and the adverse party is the appellee. Id. In the non-bypass scenario, it is a discretionary appeal. In the bypass scenario, it is an appeal of right, with the Court of Appeals replacing the Court of Special Appeals as the appellate court of right.

A. Securing appeal in the Court of Appeals

The Court of Appeals is a discretionary appellate court, meaning there is no appeal of right. In an attempt to secure an appeal in the Court of Appeals, the defendant must file a petition for a writ of certiorari, asking...