Lopez-Sanchez v. State, 388 Md. 214

Summary

The Maryland Court of Appeals held that a victim of a juvenile delinquent act was not a party to the delinquency proceeding and therefore had no general statutory right to appeal under Maryland's general appeal statute. The court also held that the statutory appellate remedy available to victims of certain crimes did not extend to victims of delinquent acts. Although the court recognized that the victim was denied notice and an opportunity to be heard regarding restitution, it concluded that any additional appellate right had to come from the Legislature.

Holdings

1. A victim of a juvenile delinquent act is not a party to the delinquency proceeding and therefore does not have the general right to appeal from a final judgment under Maryland Courts and Judicial Proceedings Article § 12-301.
2. Maryland Criminal Procedure Article § 11-103 does not grant a victim of a delinquent act the right to file an application for leave to appeal.
3. Any right of a victim of a delinquent act to appeal or seek leave to appeal must originate from the General Assembly, not from judicial enlargement of the statutory right to appeal.

Questions Presented

1. Whether a victim of a juvenile delinquent act may appeal the denial of statutory victim rights under Maryland's general appeal statute.
2. Whether a victim of a juvenile delinquent act is a party to the delinquency proceeding or otherwise has a right to appeal the denial of restitution-related rights.
3. Whether Maryland Criminal Procedure Article § 11-103 grants victims of delinquent acts a limited right to seek leave to appeal.

Disposition

affirmed