Cardinell v. State

I agree with the majority that Code (1974, 1989 Repl.Vol.), § 12-302(c)(2) of the Courts and Judicial Proceedings Article, does not authorize the State’s appeal in this case. I totally disagree with the majority’s holding that “[t]he State does, however, enjoy a common law right to appeal under these circumstances.” By finding a “common law right to appeal” under circumstances where the pertinent statutory provisions do not provide a right of appeal, the majority has overruled a multitude of Maryland cases and ignored settled legal principles. Moreover, neither Maryland history nor the cases…