Brewer v. Warden of Maryland House of Correction

Per Curiam. Despite petitioner’s failure to file his application for leave to appeal within 30 days as required by Code, Art. 27, § 645-1 (1957 Cum. Supp. 1965) and Maryland Rule BK 46 a, he has filed a motion that he be released because the state has failed to answer his application within 15 days. Maryland Rule BK 43, ⁷⁰⁴ which gives the State 15 days to respond to a petition for post conviction relief, has no bearing on the appeal procedure.

The motion must, therefore, be denied and the application dismissed. Lucas v. Warden, 235 Md. 666 , 202 A. 2d 604 (1964). Application dismissed.