clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Session Laws, 1958
Volume 619, Page 181   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

THEODORE R. MCKELDIN, GOVERNOR                        181

WAS CONVICTED, UNLESS THE PERSON CONVICTED CON-
SENTS TO HEARING BY SUCH JUDGE. The court may
receive proof by affidavits, depositions, oral testimony, or other evi-
dence, and may order the petitioner brought before it for the hearing.
If the court finds in favor of the petitioner, it shall enter an appro-
private order with respect to the judgment or sentence in the former
proceedings, and any supplementary orders as to rearraignment, re-
trial, custody, bail, discharge, correction of sentence, or other mat-
ters that may be necessary and proper. The order making final dis-
position of the petition shall clearly state the grounds on which the
case was determined and whether a federal or a state right was pre-
sented and decided. This order constitutes a final judgment for pur-
poses of review.

645-H. All grounds for relief claimed by a petitioner under this
Act rnust be raised in his original or amended petition, and any
grounds not so raised are waived unless the court on hearing a sub-
sequent petition finds grounds for relief asserted therein which could
not reasonably have been raised in the original or amended petition.

645-I. Any person, including the Attorney General of Maryland
or the State's Attorney for Baltimore City or any County, as the case
may be, aggrieved by the order of the court or judge passed in ac-
cordance with this Act, may within thirty (30) days after the passage
of said order apply to the Court of Appeals of Maryland for leave
to prosecute an appeal therefrom. Said application for leave to
prosecute an appeal shall be in such form as the Court of Appeals
may, by its rules, prescribe, and in the event that the Attorney
General or the State's Attorney shall forthwith state his intention
to file such application for an appeal, the order may be stayed, but
the Judge may, in his discretion, admit the petitioner to bail for
his appearance when required. If the application to prosecute such
appeal shall be granted, the procedure thereafter shall be in con-
formity with the rules of the Court of Appeals, and the Court may
affirm, reverse or modify the order appealed from, or it may remand
the case for further proceedings, but if said application is denied,
the order sought to be reviewed shall thereby become final to the
same extent and with the same effect as if said order had been
affirmed on appeal.

645-J. This Act may be cited as the Post Conviction Procedure Act.

Sec 2. And be it further enacted, That if any provision of this
Act or the application thereof to any person or circumstances is
held invalid, the invalidity shall not affect other provisions or applica-
tions of the Act which can be given effect without the invalid pro-
vision or application, and to this end the provisions of this Act are
severable.

Sec 3. And be it further enacted, That all laws or parts of laws
inconsistent with the provisions of this Act be, and the same are
hereby repealed to the extent of such inconsistency.

Sec 4. And be it further enacted, That this Act shall take effect
on June 1, 1958.

Approved April 4, 1958.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1958
Volume 619, Page 181   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 10, 2023
Maryland State Archives