Burke v. Warden

Per Curiam. ⁷²⁰ This application for leave to appeal from an order dated October 24, 1967, of Judge James A. Perrott presiding in the Criminal Court of Baltimore denying relief prayed under the Uniform Post Conviction Procedure Act, after an evidentiary hearing at which the applicant was represented by counsel appointed 21 October, 1965, is denied for the reasons stated by Judge Perrott in his thorough memorandum accompanying the order. It is noted that the application for leave to appeal fails to contain a statement of the reasons why the order should be reversed or modified as required by Maryland Rule BK 46 b and could be denied for this reason. The docket entries show that the petition for relief was filed on October 11, 1965, and was heard two years later. There appears in the record an undated eight page document entitled “Petition for a Hearing” apparently prepared by the applicant in proper person in which he requested release for lack of hearing and again set forth and argued many of the allegations appearing in his petition.

The date of filing of this Petition for a Hearing does not appear in the record but we assume it was prior to the hearing on the petition for relief. Maryland Rule BK 44 b provides that a hearing on a petition for relief under post conviction procedures “shall be held as soon as possible after all pleadings required or allowed * * * are filed.” The rule does not contain a sanction for violation but in any event, under the circumstances apparent in the instant matter, we do not find that it was violated. The hearing judge said in his memorandum : “The matter was scheduled for hearing and postponed on several occasions because the Petitioner insisted upon the presence of eighteen witnesses * * *. It might also be noted that Petitioner repeatedly requested his