Legal Opinion · Concurrence

State v. Peterson

Court of Appeals of Maryland

Decided February 27, 1989No. 20, September Term, 1988Published

1ConcurrenceAdkins, Judge

The Court correctly holds that this case is moot; therefore, I concur in the Court’s judgment. I also agree that this is one of those rare situations where the Court should express its views on the merits of a moot case. But I *91cannot agree with the views of either the majority or the Court of Special Appeals concerning the third sentence of Maryland Rule 4-846(c).

That third sentence requires that a probation revocation “hearing shall be held before the sentencing judge whenever practicable.” The majority reasons that a litigant ordinarily has no right to have his or her case heard before a…

2Cases cited6 opinions

  1. State v. FrazierCourt of Appeals of Maryland · 1984
  2. State v. BrownCourt of Appeals of Maryland · 1986
  3. Hensley v. Bethesda Sheet Metal Co.Court of Appeals of Maryland · 1963
  4. Smith v. StateWyoming Supreme Court · 1979
  5. County Fed. S. & L. v. Equitable S. & L.Court of Appeals of Maryland · 1971

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