THEODORE R. MCKELDIN, GOVERNOR                    179

nobis cases or from other common law or statutory remedies which
have heretofore been available for challenging the validity of
incarceration under sentence of death or imprisonment; and pro-
viding, further, that any person may apply to the Court of Appeals
of Maryland for leave to appeal from an order passed under this
Act, relating generally thereto and repealing all laws or parts of
laws inconsistent herewith to the extent of such inconsistency.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 645-A to 645-J, inclusive, be and they are hereby
added to Article 27 of the Annotated Code of Maryland (1957 Edi-
tion), title "Crimes and Punishments", sub-title "Jurisdiction, Pro-
cedure and Sentence", to follow immediately after Section 645 of
said Article, and to be under the new sub-heading, "Post Conviction
Procedure", and to read as follows:

Post Conviction Procedure

645A. (a) Any person convicted of a crime and incarcerated
under sentence of death or imprisonment, including those confined as
a result of a proceeding under Article 31B of the Code, title "De-
fective Delinquents"', who claims that the sentence or judgment
was imposed in violation of the Constitution of the United States
or the Constitution or laws of this State, or that the court was without
jurisdiction to impose the sentence, or that the sentence exceeds the
maximum authorized by law, or that the sentence is otherwise subject
to collateral attack upon any ground of alleged error heretofore
available under a writ of habeas corpus, writ of coram nobis, or other
common law or statutory remedy, may institute a proceeding under
this Act to set aside or correct the sentence, provided the alleged
error has not been previously and finally litigated or waived in the
"proceedings resulting in the conviction, or in any other proceeding
that the petitioner has taken to secure relief from his conviction.

(b) The remedy herein provided is not a substitute for, nor does
it affect any remedies which are incident to the proceedings in the
trial court, or any remedy of direct review of the sentence or con-
viction. A petition for relief under this Act may be filed at any
time. Hereafter no appeals to the Court of Appeals of Maryland in
habeas corpus or coram nobis cases, or from other common law or
statutory remedies which have heretofore been available for challeng-
ing the validity of incarceration under sentence of death or imprison-
ment shall be permitted or entertained, except appeals in such cases
pending in the Court of Appeals on the effective date of this Act shall
be processed in due course.

645-B. (a) The Circuit Courts for the respective Counties of this
State and the several judges thereof out of court, the various Courts
of Baltimore City whose judges comprise the Supreme Bench of Bal-
timore City, and the judges of said several courts out of court, may
determine that an application for a writ of habeas corpus should be
entertained as a proceeding under this Act, unless it appears that the
remedy under this Act is inadequate or ineffective to test the legality
of the applicant's detention.

(b) If a court or judge so determines that the application should
be entertained as a proceeding under this Act, he shall WITH THE
CONSENT OF THE APPLICANT, pass an order to that effect and