Shelton v. Warden

1 Citing case

  1. Conley v. Warden

    269 A.2d 170 (Md. Ct. Spec. App. 1970)

    As to the first contention, the record shows the hearing judge refused to allow evidence and did not make findings on the contention that applicant's trial counsel incompetently allowed him to be tried by a prejudiced judge. If applicant can prove that he was denied genuine and effective representation of counsel due to counsel's failure to object to the trial judge's bias or if applicant can prove that the trial judge was in fact prejudiced, he would be entitled to relief. See Dailey v. Warden, 3 Md. App. 425, 239 A.2d 778. It is, of course, the hearing judge's responsibility in a post conviction proceeding to make findings of fact on all contentions raised. Shelton v. Warden, 4 Md. App. 368, 242 A.2d 806, and Md. Rule BK 45(b). We will, therefore, remand the case for proper disposal of this contention.