# Courts and Judicial Proceedings (GCJ)

## Title 12. Appeals, Certiorari, and Certification of Questions

### Subtitle 7. Practice on Appeal

#### Section 12-701

(a)

  (1) An appeal from an orphans' court or a circuit court stays all proceedings in the orphans' court concerning the issue appealed.

  (2) An appeal from an orphans' court or a circuit court does not stay any proceedings in the orphans' court that do not concern the issue appealed, if the orphans' court can provide for conforming to the decision of the appellate court.

  (3)

    (i) An appeal from a final order of an orphans' court or a circuit court removing a personal representative does not stay an order appointing a successor personal representative or special administrator.

    (ii) If an appeal is filed from the final order of an orphans' court or a circuit court removing a personal representative and the court appointed a successor personal representative, the successor personal representative shall have the powers of a special administrator.

(b) An appeal from a judgment of a juvenile court with respect to a child neither stays the judgment nor discharges the child from the custody of a person, institution, or agency to whose care the juvenile court has committed the child. The appellate court may authorize a stay, on application and hearing, if it finds that suitable provision is made for the care and custody of the child.

#### Section 12-702

(a) If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, the lower court shall deduct from the term of the new sentence the time served by the defendant under the previous sentence from the date of his conviction. If the previous sentence was a statutory maximum sentence, the lower court also shall give credit for any period of incarceration prior to the previous sentence, if the incarceration was related to the offense for which the sentence was imposed.

(b) If an appellate court remands a criminal case to a lower court in order that the lower court may pronounce the proper judgment or sentence, or conduct a new trial, and if there is a conviction following this new trial, the lower court may impose any sentence authorized by law to be imposed as punishment for the offense. However, it may not impose a sentence more severe than the sentence previously imposed for the offense unless:

  (1) The reasons for the increased sentence affirmatively appear;

  (2) The reasons are based upon additional objective information concerning identifiable conduct on the part of the defendant; and

  (3) The factual data upon which the increased sentence is based appears as part of the record.

(c) If a defendant who appeals from a conviction in the District Court is convicted after a trial de novo on appeal, the appellate court may impose a more severe sentence than that imposed in the District Court, but if the case is one in which the defendant was denied a jury trial under Sec. 4-302(e)(2) of this article, the sentence may not be for more than 90 days except under the conditions prescribed in subsection (b) of this section. Except as provided above, the appellate court may impose any sentence authorized by law to be imposed as punishment for the offense.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)