Murray v. Director

Full title: JAMES L. MURRAY v . DIRECTOR, PATUXENT INSTITUTION

Court: Court of Special Appeals of Maryland

Date published: Jan 9, 1970

260 A.2d 354 (Md. Ct. Spec. App. 1970)

260 A.2d 354

Opinion

No. 144, September Term, 1969.

Decided January 9, 1970.

ATTORNEYS — Duty To Advise Client Of Right To Appeal. The same standards relating to court-appointed counsel's duty to advise the accused concerning his right to appeal must be met by retained counsel; and, upon counsel's failure to comply with the rule establishing such duty (in cases arising after the effective date of the rule), a belated appeal must be granted. Rule 719 b 6. p. 401

Application for leave to appeal from the Criminal Court of Baltimore (HOWARD, J.).

James L. Murray instituted a proceeding under the Uniform Post Conviction Procedure Act, and, from a denial of relief, he applied for leave to appeal.

Application granted; case remanded for further proceedings consistent with opinion.

Before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

James L. Murray pro se.

Francis B. Burch, Attorney General, and Charles E. Moylan, Jr., State's Attorney for Baltimore City, for respondent.

THOMPSON, J., delivered the opinion of the Court.

James L. Murray applies for leave to appeal from an order filed in the Criminal Court of Baltimore denying relief sought by applicant's first petition under the Uniform Post Conviction Procedure Act. The hearing judge found that within thirty days from the imposition of sentence the applicant requested his retained counsel to file an appeal, but, relying on older cases, the hearing judge denied relief.

Maryland Rule 719 b 6 (effective September 1, 1967) establishes duties for court appointed counsel as follows:

". . . counsel shall advise the accused concerning his right to appeal and his right to apply for a review of his sentence. If directed by the accused, counsel shall assist in the preparation of an application for review of sentence under Rule 762 (Review of Sentence) and an order for appeal, and shall file same over the signature of the accused."

In Evans v. Warden, 8 Md. App. 26, 257 A.2d 474 we held the same standards must be met by retained counsel, and upon counsel's failure to comply with the rule, in cases arising after its effective date, a belated appeal must be granted.

Application for leave to appeal granted; case remanded for further proceedings consistent with this opinion.