State v. PhillipsAnnotate this Case
At issue was the manner in which Md. Const. art. IV, 22, which provides for an in banc appeal from a “decision of determination of any point or question” by a circuit court judge, is intended to operate.
The State in this criminal case filed a request for an in banc review of an order of the circuit court judge granting Defendant’s motion in limine to exclude certain documents and testimony under Reed v. State, 283 Md. 374 (1978). The State sought in banc review, but the request was untimely filed. After a hearing, an in banc court reversed the trial judge’s ruling. The Court of Special Appeals reversed, concluding that “a litigant may not appeal to an in banc panel when the litigant could not note an appeal to [the Court of Special Appeals] successfully.” The Court of Appeals affirmed after analyzing relevant case law and the current version of section 22 in conjunction with Maryland Rule 2-551. The court further outlined the proper procedures a party must follow to reserve the point, question, or judgment for review and held that a decision by the in banc court constitutes a final judgment of that court.