Ch. 726

LAWS OF MARYLAND

Acts and parts of Acts inconsistent with the provisions of this
Act are hereby repealed to the extent of any inconsistency.

SECTION 10. AND BE IT FURTHER ENACTED, That this Act shall
take effect June 1, 1988.

Approved May 27, 1988.

CHAPTER 726

(House Bill 1176)

AN ACT concerning

Post Conviction Procedure - Waiver of Allegation Error
in Application for Leave to Appeal

FOR the purpose of clarifying that, if a person fails under
certain circumstances to allege an error in an application
for leave to appeal a certain conviction, the allegation is
deemed to be waived for the purposes of a post conviction
proceeding; clarifying a certain presumption relating to
failure to make a certain allegation of error; and generally
relating to waiver of allegations of error in a certain
appeal.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 645A

Annotated Code of Maryland

(1987 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

645A.

(a) (1) Any person convicted of a crime and either
incarcerated under 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 the District Court
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 was without jurisdiction to
impose the sentence, or that the sentence exceeds the maximum

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