Opinion
No. 106, September Term, 1968.
Decided February 18, 1969.
POST CONVICTION PROCEDURE — Application For Leave To Appeal Not Timely Filed. Application for leave to appeal was denied where it had not been filed within 30 days of the passage of the order appealed from. Code (1957), Art. 27, § 645-I; Rule BK 46 (a). p. 128
POST CONVICTION PROCEDURE — Counsel Representing Petitioner Not Under Duty To Advise Client Of Right To File Application For Leave To Appeal. There is no statute or Rule imposing upon a lawyer representing a petitioner under post conviction procedures the duty to advise his client of the right to file an application for leave to appeal. p. 128
CONSTITUTIONAL LAW — Assignment Of Counsel For Accused — Applicability Of Rule 719 b 6. Rule 719 b 6, governing the extent of court-appointed counsel's duty, applies only to a direct appeal from a judgment of conviction and to a review of sentence under Rule 762. p. 128
Decided February 18, 1969.
Application for leave to appeal from the Circuit Court for Cecil County (MACKEY, J.).
Robert Leo Webster 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.
This is an application for leave to appeal from an order passed on 26 September 1968, by Judge H. Kenneth Mackey, presiding in the Circuit Court for Cecil County, denying relief sought under the Uniform Post Conviction Procedure Act.
The application was not filed within 30 days of the passage of the order appealed from as required by Md. Code, Art. 27, § 645-I and Md. Rule BK46a. It must therefore be denied. Davis v. Warden, 3 Md. App. 207.
The applicant alleges that his lawyer did not tell him that he had a right to apply for leave to appeal. There is no statute or Rule imposing the duty on a lawyer representing a petitioner under post conviction procedures to advise his client of the right to file an application for leave to appeal. Md. Rule 719b6 applies only to a direct appeal from a judgment of conviction and to a review of sentence under Rule 762.
Application denied.