(a) 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) (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.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Section 3-701 - Power to Grant Writ and Exercise Jurisdiction
Section 3-702 - Person Who May Apply for Writ
Section 3-703 - Discretion of Judge When Prior Writ Has Been Refused
Section 3-704 - Inquiry Into Legality of Detention and Release or Remand
Section 3-705 - Persons Discharged Not to Be Imprisoned for Same Offense
Section 3-706 - Discharge for Unconstitutionality of Law
Section 3-707 - Application for Leave to Appeal in Regard to Bail