Carney v. Warden of Maryland House of Correction

Per Curiam. In his petition for post conviction relief, the applicant made the following contentions: (1) conviction upon false testimony; (2) failure of the court to “scrutinize the evidence adequately”; (3) insufficiency of the evidence; (4) illegal search of his automobile. Counsel was appointed to represent the applicant and testimony was taken on two separate occasions. The trial judge before whom the petition was heard stated in his memorandum opinion that all but the first ground for complaint were “for all ⁶⁷⁷ practical purposes abandoned at the hearing,” but that Carney at the hearing raised as an additional contention that he was not properly advised of his right to appeal.

The trial court made specific findings of fact adverse to this new contention and the first contention (which was based upon recantation by a codefendant of his former incriminating testimony against applicant). The second contention, even if not abandoned, was too general, and short of substantiating facts amounting to a denial of a constitutional right is not reviewable in these proceedings. Cf. Fisher v. Warden, 230 Md. 612 where we held that even an assertion of bias on the part of a trial judge is not a ground for post conviction relief.

Likewise contention three is not reviewable. Young v. Warden, 233 Md. 596 . With respect to contention four, we do not know on the record before us whether a claim of an illegal search was made at Carney’s trial or even whether any evidence obtained from such alleged illegal search and seizure was actually