Legal Opinion

Kelly v. State

Court of Special Appeals of Maryland

Decided June 27, 2024No. 0068/23Published

1Opinion of the Court

Zuri Kelly v. State of Maryland, No. 68, September Term, 2023. Opinion by Zarnoch, J. STATUTES – RETROACTIVITY – Statutes are presumed to operate prospectively. However, there are exceptions to this presumption: 1) a legislative change affecting procedure only and not substantive rights; 2) a statute that has remedial effect and does not impair vested rights; and 3) a statute that affects a matter still in litigation. An important caveat to each of these exceptions is that they cannot be applied if the General Assembly expresses a contrary intent. STATUTES – RETROACTIVITY – In 2023, the…

2Cases cited21 opinions

  1. State v. BursteinSupreme Court of New Jersey · 1981
  2. Langston v. RiffeCourt of Appeals of Maryland · 2000
  3. Muskin v. State Department of Assessments & TaxationCourt of Appeals of Maryland · 2011
  4. Gregg v. StateCourt of Appeals of Maryland · 2009
  5. Harrison-Solomon v. StateCourt of Appeals of Maryland · 2015

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