Legal Opinion

In Re Petition for Writ of Prohibition

Court of Appeals of Maryland

Decided April 8, 1988No. Misc. No. 27 September Term, 1986PublishedCited by 67 opinions

1Opinion of the Court

ADKINS, Judge.

At issue here is this Court’s power to issue one of the extraordinary writs—mandamus or prohibition—to a circuit court judge. The State asks us to issue one of the writs because the circuit court judge granted a jury-convicted defendant’s motion for new trial, an action from which no appeal lies. Dean v. State, 302 Md. 493, 499-500, 489 A.2d 22, 25-26 (1985). If we can cross that threshold, a second question is whether a circuit court judge may grant a new trial in a criminal case, thereby setting aside the jury’s verdict, because the judge does not credit the testimony of the…

2Cases cited133 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. State v. MartinOhio Court of Appeals · 1983
  4. Burks v. United StatesSupreme Court of the United States · 1978
  5. State v. CabbageTennessee Supreme Court · 1978

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3Cited by67 opinions

  1. Philip Morris Inc. v. AngelettiCourt of Appeals of Maryland · 2000
  2. Murphy v. EdmondsCourt of Appeals of Maryland · 1992
  3. Gisriel v. Ocean City Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1997
  4. Warfield v. StateCourt of Appeals of Maryland · 1989
  5. Hebron v. StateCourt of Appeals of Maryland · 1993

62 more not listed; retrieve them via the Exa API.

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