560                              Laws of Maryland                      [Ch. 429

In the event that the applicant does not consent to the passage of
such order, the application shall be heard as a habeas corpus appli-
cation in the court in which it was filed.

645C. Except in a proceeding brought under Section 645B of this
sub-title, the proceeding is commenced by filing a petition verified
by the petitioner with the clerk of the [court in which] Circuit Court
or Criminal Court of Baltimore in the county or city where the con-
viction took place. Facts within the personal knowledge of the peti-
tioner 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 pre-
scribe 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.

645G. [The] If a hearing is necessary the petition shall be heard
in the [court in which] Circuit Court or Criminal Court of Balti-
more in the county or city where the conviction took place and
before any judge thereof except the judge who sat at the trial at
which the person was convicted, unless the person convicted consents
to hearing by such judge. The court may receive proof by affidavits,
depositions, oral testimony, or other evidence, and may order the
petitioner brought before it for the hearing. If the court finds in
favor of the petitioner, it shall enter an [appropriate] appropriate
order with respect to the judgment or sentence in the former pro-
ceedings, and any supplementary orders as to rearraignment, retrial,
custody, bail, discharge, correction of sentence, or other matters that
may be necessary and proper. If it clearly appears from the petition

and the response thereto by the State, that the material facts are

undisputed and that they do not constitute grounds for relief under

this Act, the court may dismiss the petition without a hearing. The

order making final disposition of the petition shall clearly state the
grounds on which the case was determined and whether a federal
or a State right was presented and decided. This order constitutes
a final judgment for purposes of review.

645H. All grounds for relief claimed by a petitioner under this
sub-title must be raised in his original or amended petition, and any
grounds not so raised are waived unless the court [on hearing] finds
in a subsequent petition [finds] grounds for relief asserted therein
which could not reasonably have been raised in the original or
amended petition. If it does not find IF THE COURT FINDS
THERE ARE NO such grounds for relief, the court, after a response
to the petition has been filed by the State, may forthwith dismiss the
petition without a hearing or appointment of counsel.

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

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1959.

Approved April 8, 1959.