MARVIN MANDEL, Governor                             1243

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 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] COURT OF SPECIAL APPEALS. 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 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.

645E.

If after judgment, a review is sought by the
petitioner within thirty (30) days and [the Court of
Appeals or] the Court of Special Appeals grants leave to
appeal pursuant to § 645—I of this article and [either of
said courts] THE COURT finds that the petitioner is
unable to pay the costs of the review, [said courts] THE
COURT shall order that all necessary costs and expenses
incident thereto, including all court costs, stenographic
services, and printing, be paid by the political
subdivision in which the judgment is rendered.

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 accordance with this
subtitle, [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 in cases where
the applicant is incarcerated under sentence of death,
and] may within thirty (30) days after the passage of
said order apply to the Court of Special Appeals for