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Session Laws, 1958
Volume 619, Page 180   View pdf image (33K)
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180                                 LAWS OF MARYLAND                          [CH. 44

shall direct the Clerk of Court to transmit the application, a certified
copy of the order, and any other pertinent papers to the court in which
the conviction took place. In this event, the provisions of this Act,
to the extent applicable, shall govern the proceeding.
IN THE
EVENT THAT THE APPLICANT DOES NOT CONSENT TO
THE PASSAGE OF SUCH ORDER, THE APPLICATION SHALL
BE HEARD AS A HABEAS CORPUS APPLICATION IN THE
COURT IN WHICH IT WAS FILED.

645-C. Except in a proceeding brought under Section 645-B of this
Act, the proceeding is commenced by filing a petition verified by the
petitioner with the clerk of the court in which the conviction took
place. Facts within the personal knowledge of the petitioner and
the authenticity of all documents and exhibits included in or attached
to the petition must be sworn to affirmatively as true and correct,
The Court of Appeals of Maryland may by rule prescribe the form
of verification. The clerk shall docket the petition upon its receipt
and bring it promptly to the attention of the court and the State's
Attorney.

645-D. The petition shall identify the proceedings in which the
petitioner was convicted, give the date of the entry of the judgment
and sentence complained of, specifically set forth the grounds upon
which the petition is based, and clearly state the relief desired. All
facts within the personal knowledge of the petitioner shall be set
forth separately from other allegations of facts, and shall be verified
as provided in Section 645-C of this Act. Affidavits, records, or other
evidence supporting its allegations shall be attached to the petition
or the petition shall state why they are not attached. The petition
shall also identify any previous proceedings that the petitioner ha,s
taken to secure relief from his conviction. Argument, citations, and
discussion of authorities shall be omitted from the petition.

645-E. The petition may allege that the petitioner is unable to pay
the costs of the proceeding or to employ counsel. If the court is
satisfied that the allegation is true, it shall order that the petitioner
proceed as an indigent person, and appoint counsel for him. If after
judgment, a review is sought by the petitioner within thirty (30)
days and the Court of Appeals of Maryland grants leave to appeal,
and that court finds that the petitioner is unable to pay the costs of
the review, the court shall order that all necessary costs and ex-
penses incident thereto, including all court costs, stenographic serv-
ices, and printing, be paid by the political subdivision in which the
judgment is rendered.

645-F. Within fifteen (15) days after the docketing of the petition,
or within any further time the court may fix, the State shall respond
by answer or motion. No further pleadings shall be filed except as
the court may order. The Court may grant leave, at any time prior
to entry of judgment, to withdraw the petition. The court may
make appropriate orders as to amendment of the petition or any
other pleading, or as to pleading over, or filing further pleadings, or
extending the time of the filing of any pleading other than the original
petition.

645-G. The petition shall be heard in the court in which the con-
viction took place and before any judge thereof
EXCEPT THE
JUDGE WHO SAT AT THE TRIAL AT WHICH THE PERSON

 

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Session Laws, 1958
Volume 619, Page 180   View pdf image (33K)
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