[Download] "Ellinger v. Warden of Maryland Penitentiary" by Court Of Appeals Of Maryland " Book PDF Kindle ePub Free
eBook details
- Title: Ellinger v. Warden of Maryland Penitentiary
- Author : Court Of Appeals Of Maryland
- Release Date : January 18, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is the second application of Raymond Ellinger for leave to appeal from the denial of relief under the Uniform Post Conviction Procedure Act (the UPCPA). On his first application -- Ellinger v. Warden, 221 Md. 628, 157 A.2d 616 -- he asserted as the only reasons in support of the application (a) that the trial court had failed to rule on three of his asserted grounds for relief (the first, fifth and sixth) and (b) that he should have been furnished with a copy of the transcript of his post conviction proceeding hearing. He did not press any of the other grounds alleged in his petition as a basis for appeal. This Court held: (i) that one of the grounds alleged for post conviction relief not dealt with in the trial courts opinion (the sixth ground) was so vague as not to justify the granting of any relief; (ii) that the first and fifth grounds, which were also not mentioned in the opinion of the trial court, when taken together, were sufficient to state a charge that the State had knowledge of or participated in the use of perjured testimony, which required hearing and decision; and (iii) that Ellingers claim that he should have been furnished with a copy of the post conviction procedure transcript appeared premature and should therefore be left open. Leave to appeal was therefore granted and the case was remanded for further proceedings to the end that the trial court might further inquire into and decide the question stated in (ii) above.