Opinion
No. 30, September Term, 1968.
Decided October 2, 1968.
POST CONVICTION PROCEDURE — Test Of Inadequacy Of Counsel — Applicant Afforded Adequate And Effective Representation. Counsel is incompetent when, under the circumstances, an accused has not been afforded a genuine and effective representation. p. 199
The record indicated that applicant was afforded adequate and effective representation. p. 200
Decided October 2, 1968.
Application for leave to appeal from the Criminal Court of Baltimore (JONES, J.).
James Reid instituted a proceeding under the Uniform Post Conviction Procedure Act, and, from a denial of relief, he applied for leave to appeal.
Application denied.
Before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.
The application of James Reid for leave to appeal from an order of Judge Shirley B. Jones, presiding in the Criminal Court of Baltimore, denying relief prayed in a petition under the Uniform Post Conviction Procedure Act is denied for the reasons set forth by Judge Jones in the memorandum accompanying the order.
We note, however, that the test of the inadequacy of counsel is no longer whether the representation was so deficient as to make a farce out of the trial. The rule followed by this Court is that counsel is incompetent when under all the circumstances of the particular case the accused has not been afforded a genuine and effective representation. Green v. Warden, 3 Md. App. 266. From the record before us, we find that the applicant was afforded adequate and effective representation.
Application denied.