Marvin Mandel, Governor                         609

burse the sheriff or other officer out of the county fund for any
expenses he may be put to in conveying the said prisoners to and from
such road, quarry, pit or yard, or in properly guarding the said pris-
oners while at work on said road or at said quarry, pit or yard, under
the direction of the county road representative or representatives,
and under such regulations as the sheriff or other officer may deem
necessary for their health and safe custody.

§ 645A. Right of appeal of convicted persons.

(a) Right to institute proceeding to set aside or correct sen-
tence.—Any person convicted of a crime and either incarcerated un-
der sentence of death or imprisonment or on parole or probation,
including any person confined or on parole or probation as a result of
a proceeding before [a trial magistrate (including a judge of the
Municipal Court of Baltimore City or of the people's court of any
county)] the District Court or a proceeding under Article 31B of
the Code, title "Defective 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 [or
trial magistrate (including a judge of the Municipal Court of Balti-
more City or of the people's court of any county)] was without juris-
diction to impose the sentence, or that the sentence exceeds the maxi-
mum authorized by law, or that the sentence is otherwise subject to
collateral attack upon any ground of alleged error which would other-
wise be available under a writ of habeas corpus, writ of coram nobis,
or other common-law or statutory remedy, may institute a proceeding
under this subtitle in the circuit court for the county or the Criminal
Court of Baltimore 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 pro-
ceeding that the petitioner has taken to secure relief from his con-
viction.

(e) Not substitute for remedies incident to trial proceedings;
time of filing petition for relief; other common-law and statutory
remedies superseded.—The remedy herein provided is not a substitute
for, nor does it affect any remedies which are incident to the proceed-
ings 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, except that where an appeal has been taken from the
judgment of conviction to the Court of Appeals or Court of Special
Appeals, it shall not be necessary to appoint counsel or conduct a
hearing or take any action whatsoever on the petition, until the
judgment of conviction becomes final in the court to which the appeal
was taken. 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 heretofore
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
Special Appeals (1) in a habeas corpus proceeding instituted under
§ 25 of Article 41 of this Code or (2) in any other proceeding in