Logistics and Mechanics of Appeals in the Court of Special Appeals and Court of Appeals

• Jurisdiction: Maryland

VIII. Logistics and mechanics of appeals in the Court of Special Appeals and Court of Appeals

A. Appellate jurisdiction of right

To obtain appellate review in the Court of Special Appeals, the defendant must file a notice of appeal and the filing fee (waived if indigent) with the clerk of the Circuit Court in which convicted. Md. Rule 8-201. The notice of appeal must be filed within 30 days after sentencing or the denial or withdrawal of a motion for new trial. Md. Rule 8-202(a) and (b); see Crippen v. State, 207 Md. App. 236, 248-49 (2012). But see Keys v. State, 195 Md. App. 19, 29-31 (2010) (30-day period for noting an appeal of a restitution order begins to run on the date the order is entered and not on the date of the judgment in the underlying criminal matter). A notice of a cross-appeal may be filed within 10 days after the notice of appeal is filed. Md. Rule 8-202(e).

B. Discretionary appellate jurisdiction

There is no appeal of right from (1) a guilty plea (traditional plea or Alford plea, see Ward v. State, 83 Md. App. 474, 479-80 (1990)); (2) a denial of a petition for post conviction relief or motion to reopen a closed post conviction proceeding; (3) a state habeas corpus proceeding; (4) a guilty verdict from a violation of probation proceeding; and (5) a denial of bail or bail set too high.

When there is no right to an appeal from the Circuit Court, sitting as trial court, to the Court of Special Appeals, the defendant may file an application for leave to appeal in the Court of Special Appeals. Md. Rule 8-204. The application for leave to appeal must be filed within 30 days of the entry of judgment or order from which the appeal is sought, except that an application for leave to appeal from the denial of bail must be filed within 10 days of the denial. Id. In FY 2020, the Court of Special Appeals granted about 8.7% of the applications for leave to appeal that were filed.

Although a direct appeal of right requires only a mere notice of appeal, an application for leave to appeal must contain a concise statement of errors committed and reasons why judgment should be reversed or modified. Md. Rule 8-204(b)(3). See State v. Hernandez, 344 Md. 721, 728 (1997) (applications may be denied as untimely, lacking reason why judgment should be reversed, or lacking specificity in describing errors committed); Boone v. State, 56 Md. App. 8, 10 (1983) ("[B]ald allegations, made without adequate specification, afford no grounds for relief."). The Court of Special Appeals may (1) deny the application; (2) grant the application and affirm or reverse; (3) grant the application and remand with directions; or (4) place the case on the regular appellate docket. Md. Rule 8-204(f).

C. Trial transcript for appeal

Within 10 days after filing a notice of appeal, the defendant must order the trial transcript, in writing, from the court reporter. Md. Rule 8-411. Under Griffin v. Illinois, 351 U.S. 12 (1956), the State is required to provide the trial transcript, at no cost to an indigent defendant, but the transcript need not be provided if the State can "find other means for affording adequate and effective appellate review to the defendant." Id. at 19-20. But see State v. Miller, 337 Md. 71, 81-82 (1995) (indigent defendant is entitled to a free transcript only when represented by the Office of the Public Defender).

In order for a new trial to be granted on the basis of errors or omissions in the trial transcript, the errors must be prejudicial to the defendant and not trivial or inconsequential. Wilson v. State, 334 Md. 469, 477 (1994). The defendant must be diligent in his attempt to reconstruct the missing testimony. Smith v. State, 291 Md. 125, 138 (1981) (defendant "has the responsibility to make a sincere effort to perfect the record").

D. The record to the Court of Special Appeals

The clerk of the Circuit Court must transmit the record to the Court of Special Appeals within 60 days after the notice of appeal is filed, unless the time is shortened or extended by the Court of Special Appeals. Md. Rule 8-412(a) and (d). See also Mora v. State, 355 Md. 639, 650 (1999) ("It is incumbent upon the appellant claiming error to produce a sufficient factual record for the appellate court to determine whether error was committed. . . .").

E. The record to the Court of Appeals

Within 15 days after the Court of Appeals issues a writ of certiorari to the Court of Special Appeals, the clerk of the Court of Special Appeals must transmit the record to the Court of Appeals. Md. Rule 8-412(b). Within 60 days after...