Kranz v. State
Court of Appeals of Maryland
1Opinion of the CourtBarbera, C.J.
We consider in this case whether a trial court or, as here, an appellate court is divested of jurisdiction over a timely-filed petition for post-conviction relief if, during litigation of the petition, the petitioner is no longer "in custody" for purposes of the Maryland Uniform Postconviction Procedure Act ("UPPA"), Maryland Code Annotated, Criminal Procedure ("CP") §§ 7-101 to 7-109. We hold that jurisdiction under the UPPA is determined upon the filing of the petition and, barring a procedural default by the petitioner, is not defeated upon the petitioner's release from custody prior to…
Also in this document: Dissent.
2Cases cited27 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Kaczorowski v. Mayor of BaltimoreCourt of Appeals of Maryland · 1987
- Fiswick v. United StatesSupreme Court of the United States · 1946
- Lockshin v. SemskerCourt of Appeals of Maryland · 2010
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3Cited by15 opinions
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- Glanden v. StateCourt of Special Appeals of Maryland · 2021
- Bivens v. ClarkCourt of Appeals of Maryland · 2025
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