Criminal Appeal Brief

CRIMINAL APPEAL BRIEF

IN THE APPELLATE COURT OF MARYLAND

No. [________]

September Term, [YEAR]

[DEFENDANT FULL NAME]

[Appellant / Appellee]

v.

STATE OF MARYLAND

[Appellee / Appellant]

ON APPEAL FROM THE CIRCUIT COURT FOR [________________] COUNTY
CASE NO. [________________]
HONORABLE [JUDGE NAME]

BRIEF OF [APPELLANT / APPELLEE]

Submitted by:

[ATTORNEY NAME], CPF No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Maryland [ZIP]
Telephone: [________________]
Email: [________________]

Attorney for [APPELLANT / APPELLEE]

TABLE OF CONTENTS

TABLE OF AUTHORITIES

Cases

Statutes

Rules

STATEMENT OF THE CASE

On [DATE], [DEFENDANT NAME] was charged by [indictment / information / criminal information] in the Circuit Court for [COUNTY] with [CHARGE(S)] under Md. Code, Crim. Law § [SECTION].

On [DATE], the case proceeded to trial [by jury / before the court]. (E. [__])

On [DATE], the [jury returned a verdict of / court found defendant] [guilty / not guilty] of [CHARGE(S)]. (E. [__])

On [DATE], the court sentenced the defendant to [SENTENCE]. (E. [__])

A timely notice of appeal was filed on [DATE]. (E. [__])

QUESTIONS PRESENTED

1. [________________________________]

2. [________________________________]

3. [________________________________]

STATEMENT OF FACTS

[________________________________]

ARGUMENT

I. [QUESTION PRESENTED RESTATED]

A. Standard of Review

[________________________________]

B. The Trial Court Erred Because [________________________________]

[________________________________]

II. [QUESTION PRESENTED RESTATED]

A. Standard of Review

[________________________________]

B. Argument

[________________________________]

III. [QUESTION PRESENTED RESTATED]

A. Standard of Review

[________________________________]

B. Argument

[________________________________]

CONCLUSION

For the foregoing reasons, [Appellant / Appellee] respectfully requests that this Court:

☐ Reverse the judgment of the Circuit Court and remand for a new trial

☐ Vacate the sentence and remand for resentencing

☐ Reverse the conviction and enter a judgment of acquittal

☐ [Other specific relief: ________________________________]

Respectfully submitted,

___________________________________________
[ATTORNEY NAME], CPF No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Maryland [ZIP]
Telephone: [________________]
Email: [________________]

Attorney for [APPELLANT / APPELLEE]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a copy of the foregoing Brief and Record Extract was served electronically and [eight (8)] paper copies were filed with the Clerk of the Appellate Court of Maryland, and copies were served upon:

[OPPOSING COUNSEL NAME]
[OFFICE / FIRM]
[ADDRESS]
[CITY], Maryland [ZIP]

___________________________________________
[ATTORNEY NAME]

TEXT OF PERTINENT AUTHORITIES

[________________________________]

MARYLAND-SPECIFIC NOTES

• Appellate Court: Criminal appeals from Circuit Courts go to the Appellate Court of Maryland (renamed from Court of Special Appeals in 2022). Md. Code, Cts. & Jud. Proc. § 12-301.
• Time to Appeal: Notice of appeal must be filed within 30 days of the judgment. Md. Rule 8-204(b).
• Record Extract: Appellant must file a record extract with the brief. Md. Rule 8-501.
• Application for Leave to Appeal: Some interlocutory orders require an application for leave to appeal. Md. Code, Cts. & Jud. Proc. § 12-302.
• Preservation: Issues must be raised and decided by the trial court to be preserved. Md. Rule 8-131(a). Unpreserved issues may be reviewed only as plain error or if the court decides to address them in the interest of justice.
• E-Filing: Mandatory for attorneys since July 1, 2020; eight paper copies still required.
• Briefing Deadlines: Appellant's brief due 40 days after record transmittal; appellee's brief due 30 days after appellant's brief; reply brief due 20 days after appellee's brief. Md. Rule 8-502.