Webster v. Warden, Maryland Penitentiary

Court of Special Appeals of Maryland

Webster v. Warden, Maryland Penitentiary

250 A.2d 299, 6 Md. App. 127, 1969 Md. App. LEXIS 397

CourtCourt of Special Appeals of Maryland

DecidedFebruary 18, 1969

Docket106, September Term, 1968

StatusPublished

Cited by2 cases

This text of 250 A.2d 299 (Webster v. Warden, Maryland Penitentiary) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Webster v. Warden, Maryland Penitentiary, 250 A.2d 299, 6 Md. App. 127, 1969 Md. App. LEXIS 397 (Md. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

This is an application for leave to appeal from an order passed *128 on 26 September 1968, by Judge H. Kenneth Mackey, presiding in the Circuit Court for Cecil County, denying relief sought under the Uniform Post Conviction Procedure Act.

The application was not filed within 30 days of the passage of the order appealed from as required by Md. Code, Art. 27, § 645-1 and Md. Rule BK46a. It must therefore be denied. Davis v. Warden, 3 Md. App. 207.

The applicant alleges that his lawyer did not tell him that he had a right to apply for leave to appeal. There is no statute or Rule imposing the duty on a lawyer representing a petitioner under post conviction procedures to advise his client of the right to file an application for leave to appeal. Md. Rule 719b6 applies only to a direct appeal from a judgment of conviction and to a review of sentence under Rule 762.

Application denied.

Free access — add to your briefcase to read the full text and ask questions with AI