WILLIAM DONALD SCHAEFER, Governor Ch. 726

authorized by law, or that the sentence is otherwise subject to
collateral attack upon any ground of alleged error which would
otherwise 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 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 proceeding that the petitioner has taken to secure relief
from his conviction.

(2) A person may not file more than 2 petitions,
arising out of each trial, for relief under this subtitle.

(b)  For the purposes of this subtitle, an allegation of
error shall be deemed to be finally litigated when the Court of
Special Appeals has rendered a decision on the merits thereof,
either upon direct appeal or upon any consideration of an
application for leave to appeal filed pursuant to § 645-I of this
subtitle; 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.

(c)  For the purposes of this subtitle, an allegation of
error shall be deemed to be waived when a petitioner could have
made, but intelligently and knowingly failed to make, such
allegation before trial, at trial, on direct appeal (whether or
not said petitioner actually took such an appeal), IN AN
APPLICATION FOR LEAVE TO APPEAL A CONVICTION BASED ON A GUILTY
PLEA, in any habeas corpus or coram nobis proceeding actually
instituted by said petitioner, in a prior petition under this
subtitle, or in any other proceeding actually instituted by said
petitioner, unless the failure to make such allegation shall be
excused because of special circumstances. The burden of proving
the existence of such special circumstances shall be upon the
petitioner.

When an allegation of error could have been made by a
petitioner before trial, at trial, on direct appeal (whether or
not said petitioner actually took such an appeal), IN AN
APPLICATION FOR LEAVE TO APPEAL A CONVICTION BASED ON A GUILTY
PLEA, in any habeas corpus or coram nobis proceeding actually
instituted by said petitioner, in a prior petition under this
subtitle, or in any other proceeding actually instituted by said
petitioner, but was not in fact so made, there shall be a
rebuttable presumption that said petitioner intelligently and
knowingly failed to make such allegation.

(d)  For the purposes of this subtitle and notwithstanding
any other provision hereof, no allegation of error shall be
deemed to have been finally litigated or waived where, subsequent

- 4789 -