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Faulkner v. Director

Court of Appeals of Maryland
Mar 9, 1966
217 A.2d 342 (Md. 1966)

Opinion

[App. No. 30, September Term, 1965.]

Decided March 9, 1966. Certiorari denied, Supreme Court of the United States, October 10, 1966.

Application for leave to appeal from the Circuit Court for Talbot County (RASIN, J.).

Clifford Faulkner instituted a second proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

Application denied.

Before PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.


Decided March 9, 1966.


This petition for leave to appeal from the trial court's denial of petitioner's second application for post conviction relief raises no contentions which could not reasonably have been raised in his first application, which we considered in Faulkner v. Director, 230 Md. 632, 187 A.2d 473 (1963). It was entirely proper for the trial judge to dismiss petitioner's application, in accordance with the provisions of Code, Art. 27, § 645 H (1957 Cum. Supp. 1964), which were in effect at the time of the hearing. (The provisions of § 645 H have since been incorporated in § 645 A (c) (1957 Cum. Supp. 1965)). The trial court properly dismissed the petition without a hearing or the appointment of counsel. Maryland Rule BK 48.

Application denied.


Summaries of

Faulkner v. Director

Court of Appeals of Maryland
Mar 9, 1966
217 A.2d 342 (Md. 1966)
Case details for

Faulkner v. Director

Case Details

Full title:FAULKNER v . DIRECTOR OF PATUXENT INSTITUTION

Court:Court of Appeals of Maryland

Date published: Mar 9, 1966

Citations

217 A.2d 342 (Md. 1966)
217 A.2d 342

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