32                               LAWS OF MARYLAND                        [CH. 12

sixtieth birthday is entitled to benefits under the provisions of this
section immediately upon his resignation, but in no event in a sum
greater than was provided in this section at the time he resigned;
and except for a judge who has resigned or who resigns because of
incapacitating illness, no other judge who has resigned or who
resigns prior to reaching his sixtieth birthday is entitled to any bene-
fits under the provisions of this section. The mayor and city council
of Baltimore and the county commissioners or county councils of the
several counties are hereby expressly authorized to levy for and pay
additional pensions or salaries to such former judges of the Court
of Appeals, the Court of Special Appeals, the Supreme Bench of
Baltimore City and the circuit courts of the counties who served or
may hereafter serve in the judicial circuits in which the City of
Baltimore or any county exercising the authority conferred herein
is located; and any such provision heretofore made is hereby ratified
and confirmed.

Sec. 4. And be it further enacted, That Sections 645A (b) and
(e), 645E and 645-I of Article 27 of the said Code (1965 Supple-
ment), title "Crimes and Punishments", sub-title "Venue, Procedure
and Sentence", subheading "Post Conviction Procedure", be and they
are hereby repealed and re-enacted, with amendments, and all to read
as follows:

Article 27
645A.

(b) For the purposes of this subtitle, an allegation of error shall
be deemed to be finally litigated when the Court of Appeals or Court
of Special Appeals has rendered a decision on the merits thereof,
either upon direct appeal or upon any consideration of an applica-
tion for leave to appeal filed pursuant to Section 645-I of this sub-
title; or when a court of original jurisdiction, after a full and fair
hearing, has rendered a decision on the merits thereof upon a petition
for a writ of habeas corpus or a writ of error coram nobis, unless
said decision upon the merits of such petition is clearly erroneous.

(e) 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 before the trial magistrate (including a judge of the
Municipal Court of Baltimore City or of the people's court of any
county) or any remedy of direct review of the sentence or conviction.
A petition for relief under this subtitle may be filed at any time.
[Hereafter no] No appeals to the Court of Appeals of Maryland or
the Court of Special Appeals in habeas corpus or coram nobis cases,
or from other common-law or statutory remedies which have hereto-
fore been available for challenging the validity of incarceration under
sentence of death or imprisonment shall be permitted or entertained,
except appeals in such cases pending in the Court of Appeals on
June 1, 1958, shall be processed in due course. Provided, however,
that nothing in this subtitle shall operate to bar an appeal to the
Court of Appeals (1) in a habeas corpus proceeding instituted under
Section 25 of Article 41 of this Code or (2) in any other proceeding
in which a writ of habeas corpus is sought for any purpose other
than to challenge the legality of a conviction of a crime or sentence
of death or imprisonment therefor, including confinement as a result
of a proceeding under Article 31B of this Code.