Bienkowski v. Brooks

Article IV, § 22, of the Maryland Constitution grants, with some exceptions, a right of appeal from a decision by a circuit court to a three-judge “court in banc.” 1 The court “in banc is established and functions ‘as a separate appellate tribunal,’ ” and the “purpose of the constitutional provision authorizing an in banc appeal was to provide a substitute or alternate for an appeal to the Court of Appeals,” Board v. Haberlin, 320 Md. 399, 406, 578 A.2d 215, 218-219 (1990). “The decision of the court en banc is conclusive, final and nonappealable by the party who sought the en banc review....…