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DEPT. OF CORRECTIONS v. HENDERSON

No. 39, Sept. Term, 1998.

718 A.2d 1150 (1998)

351 Md. 438

SECRETARY, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES and Commissioner, Division of Correction v. Vincent HENDERSON.

Court of Appeals of Maryland.

October 8, 1998.

Attorney(s) appearing for the Case

Andrew H. Baida, Asst. Atty. General (J. Joseph Curran, Jr., Atty. General; Maureen M. Dove, Alan S. Eason, Scott S. Oakley, Asst. Attys. General, on brief), for petitioner.

Ralph S. Tyler (Douglas R.M. Nazarian, Hogan & Hartson L.L.P., Baltimore; Eugene J. Yannon, Bowie; Dwight Sullivan, American Civil Liberties Union of MD, Baltimore, all on brief), for respondent.

Stephen Z. Meehan (David C. Wright, Joseph B. Tetrault, Prisoner Rights Information System of MD, Inc.), Chestertown, in support of respondent on amicus curiae.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.

WILNER, Judge.

We granted certiorari to review an order of Judge Joseph H.H. Kaplan, of the Circuit Court for Baltimore City, directing that the State Division of Correction release Vincent Henderson from custody. We shall affirm that order, but for different reasons than those used by Judge Kaplan.

This appeal requires that we revisit two earlier decisions—Md. House of Correction v. Fields, 348 Md. 245...

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