O'Neal v. Warden of Maryland House of Correction
O'Neal v. Warden of Maryland House of Correction
Opinion of the Court
For the reasons stated by Judge Keating for dismissing the petition, the application for leave to appeal will be denied.
Applicant made an additional contention at the hearing below which was not set forth in his original petition, or in the supplemental petition prepared by his court appointed counsel, which was that because of certain conversations with
A careful reading of Judge Keating’s opinion makes it clear that he did not believe the applicant’s assertion as to his conversation with the sheriff. Moreover, under Code (1961 Supp.), Article 27, § 645C, the applicant was required to include in his verified petition to be filed with the clerk of the circuit court, facts within his personal knowledge which must be sworn to affirmatively as true and correct, which he did not do with respect to his alleged conversation with the sheriff, so that this claim on his part was not properly presented to the judge below, nor is it entitled to consideration on his application for leave to appeal.
Application denied.
Reference
- Full Case Name
- O'NEAL, JR. v. WARDEN OF MARYLAND HOUSE OF CORRECTION
- Status
- Published