What is the difference between a discretionary and a non-discretionary appeal?

The difference between a discretionary and a non-discretionary appeal is the decision-making authority of the appellate court. In a discretionary appeal, the appellate court has the authority to decide whether or not to hear the appeal based on the facts and circumstances of the case. On the other hand, in a non-discretionary appeal, the appellate court is required to hear the appeal and must render a decision. In Maryland, a discretionary appeal involves the Maryland Court of Special Appeals or the Court of Appeals. The Maryland Court of Special Appeals is the intermediate appellate court in Maryland and is empowered to decide appeals from the circuit courts and administrative agencies in Maryland. The Maryland Court of Appeals is the highest court in the state and it has discretion to decide which cases it will hear. A non-discretionary appeal is an appeal from a final judgment of a circuit court to the Maryland Court of Appeals. The Court of Appeals is required to hear this type of appeal and must render a decision. In summary, the difference between a discretionary and a non-discretionary appeal in Maryland is the decision-making authority of the appellate court. In a discretionary appeal, the appellate court has the authority to decide whether or not to hear the appeal based on the facts and circumstances of the case. In a non-discretionary appeal, the appellate court is required to hear the appeal and must render a decision.

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