Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action — Subtitle 7. Habeas Corpus
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 3-701 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 7. Habeas Corpus
§ 3–701LinkCopy Citation
A judge of the circuit court for a county, of the Appellate Court of Maryland, or of the Supreme Court of Maryland has the power to grant the writ of habeas corpus and exercise jurisdiction in all matters pertaining to habeas corpus.
Md. Code Ann., Cts. & Jud. Proc. § 3-702 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 7. Habeas Corpus
§ 3–702LinkCopy Citation
(a)
A person committed, detained, confined, or restrained from his lawful liberty within the State for any alleged offense or under any color or pretense or any person in his behalf, may petition for the writ of habeas corpus to the end that the cause of the commitment, detainer, confinement, or restraint may be inquired into.
(b)
(1)
Upon receiving the petition, a judge shall grant the writ of habeas corpus immediately, if it appears that the petitioner is entitled to the relief, or shall immediately refer the application to any court in the judicial circuit in which the person confined was convicted, without taking any other action on the application.
(2)
An application may not be referred to any judge who presided at the trial at which the person was convicted, except with the written consent of the applicant or the person confined.
(3)
A court to which an application for a writ has been referred shall act immediately on the application and has no power to refer or transfer the application.
(4)
In exercising discretion, the judge to whom an application for a writ is made shall consider the interests and convenience of all parties concerned, including the State.
Md. Code Ann., Cts. & Jud. Proc. § 3-703 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 7. Habeas Corpus
§ 3–703LinkCopy Citation
(a)
If it appears to the judge from the petition for the writ or otherwise, that a petitioner, confined as a result of sentence for a criminal offense or judgment in a juvenile proceeding has previously been given a hearing on a prior petition for release from confinement under the same commitment, it is discretionary with the judge whether or not to issue the writ.
(b)
In exercising his discretion the judge may consider whether new grounds of a substantial nature appear to exist for granting of the writ or whether the grounds for the issuance of any former writ were fully and adequately presented.
Md. Code Ann., Cts. & Jud. Proc. § 3-704 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 7. Habeas Corpus
§ 3–704LinkCopy Citation
(a)
On return of a writ of habeas corpus and production of a person and cause of his detention before a judge, the judge shall immediately inquire into the legality and propriety of the confinement or detention.
(b)
If it appears to the judge that the person is detained without legal warrant or authority, he shall release or discharge the person immediately.
(c)
If the judge considers the detention lawful and proper, the person shall be:
(1)
Remanded to custody; or
(2)
Admitted to bail.
(d)
If the person is admitted to bail, the judge shall take a recognizance for his appearance in court and transmit it to a court having jurisdiction over the offense charged.
Md. Code Ann., Cts. & Jud. Proc. § 3-705 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 7. Habeas Corpus
§ 3–705LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, a person who has been released on habeas corpus may not be imprisoned or committed in connection with the same offense.
(b)
A person who has been released on habeas corpus may be imprisoned or committed in connection with the same offense:
(1)
By order of the court for violation of the terms of his release;
(2)
By order of any court having jurisdiction over the case;
(3)
Upon surrender by his bondsman; or
(4)
Upon his conviction.
Md. Code Ann., Cts. & Jud. Proc. § 3-706 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 7. Habeas Corpus
§ 3–706LinkCopy Citation
(a)
If a person is released or discharged by a judge under the writ of habeas corpus on the ground that the law under which the person was convicted is unconstitutional, in whole or in part, the judge shall file a memorandum within five days after the release or discharge and transmit it with original papers in the case to the clerk of the Appellate Court of Maryland.
(b)
(1)
The Appellate Court of Maryland shall consider the memorandum and the original papers at the earliest feasible time and render its opinion.
(2)
The opinion has the same effect as an opinion filed in a case formally heard and determined by the court on an appeal.
Md. Code Ann., Cts. & Jud. Proc. § 3-707 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 7. Habeas Corpus
§ 3–707LinkCopy Citation
(a)
If a judge refuses to issue a writ of habeas corpus sought for the purpose of determining the right to bail, or if a judge sets bail claimed to be excessive prior to trial or after conviction, but prior to final judgment, a petitioner may apply to the Appellate Court of Maryland for leave to appeal from the refusal.
(b)
(1)
A petitioner shall file the application for leave to appeal within ten days after the denial or grant of habeas corpus relief stating briefly why the order of the lower court should be reversed or modified.
(2)
The record on the application for leave to appeal shall contain a copy of the petition for habeas corpus, the State’s answer, if any, the order of the court, and the memorandum of reasons issued by the judge.
(3)
If the Court grants the application, it may order the preparation of a transcript of any proceedings related to the habeas corpus petition.
(c)
(1)
The Appellate Court of Maryland may grant or deny the application for leave to appeal. If the Court grants the application, it may affirm, reverse, or modify the order of the lower court granting or denying the relief sought by the writ.
(2)
If the Court determines that the lower court was wrong in refusing to admit to bail or that the bail set is not appropriate, it may determine the proper amount of bail. This determination is binding on the lower court, unless a change of circumstances warrants a different decision.