Hobbs v. Warden

⁶⁸⁶ Pee Cueiam. This is another of a long series of efforts of the applicant, Joseph Hobbs, to upset his sentence, imposed in 1947, of twenty years’ imprisonment on three charges of robbery with a deadly weapon, to which charges he pleaded guilty in the Criminal Court of Baltimore. His prior cases in this Court are: State ex rel. Hobbs v. Warden, 194 Md. 722 , 70 A. 2d 814 ; Hobbs v. Warden, 197 Md. 692 , 80 A. 2d 38 . 1 An earlier stage of the present case is reported as Hobbs v. Warden, 219 Md. 684 , 148 A. 2d 380 , in which we remanded the case for the appointment of counsel and concluded our opinion, written by Judge Horney, with this paragraph: “When counsel is appointed, if the petitioner is then unable to give any reason why he should be released from prison, or afforded a new trial, other than those he has relied on numerous times before, then his petition may properly be dismissed.

See § 645A (a) [of Code (1959 Supp.), Art. 27, the Post Conviction Procedure Act]; Byrd v. Warden, supra [ 219 Md. 681 , 147 A. 2d 701 ].” The record before us shows that counsel was appointed for the applicant and that a hearing was held before Judge Sodaro in the Criminal Court of Baltimore. Judge Sodaro found that all of the contentions now sought to be raised by the applicant were raised in one or the other of his earlier cases in this Court or in other proceedings and had been adjudicated and that no other substantial questions were raised by this