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Legal Memorandum: Suppression-hearing Record

Issue: Whether an appellate court’s review will be limited to the suppression-hearing record.

Area of Law: Litigation & Procedure
Keywords: Suppression-hearing record; Appellate court's review
Jurisdiction: Federal, Maryland
Cited Cases: 334 Md. 178; 753 A.2d 519; 638 A.2d 107; 826 A.2d 486
Cited Statutes: None
Date: 02/01/2006

The general rule is only that “ordinarily” the appellate court’s review will be limited to the suppression-hearing record.  See State v. Green, 375 Md. 595, 826 A.2d 486, 493 (2003) (“[W]e ordinarily consider only the information contained in the record of the suppression hearing.”); Cartnail v. State, 359 Md. 272, 753 A.2d 519, 525 (2000) (same).  Such limited review is not compelled by statute; instead, it appears to be a matter subject to the court’s discretion, much like the rule “ordinarily” limiting appellate review to arguments raised in the trial court.  See State v. Bell, 334 Md. 178, 638 A.2d 107, 113 (1994) (“The use of the word ‘ordinarily’ clearly contemplates those circumstances in which an appellate court will not review issues if they were not previously raised and those circumstances in which it will.”).

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