Hunt v. Warden

Prescott, C. J., delivered the opinion of the Court. This application for leave to appeal has some unusual aspects. Applicant was convicted of robbery in the Criminal Court of Baltimore on October 23, 1962. He took no direct appeal.

His first Post Conviction petition was filed on May 16, 1963. A hearing thereon was held before Judge Sodaro on July 10, 1963. Judge Sodaro denied the petition by order on July 12, 1963; he filed an opinion covering the questions raised. No application for leave to appeal was filed.

Applicant then sought a Writ of Habeas Corpus in the Federal District Court, but that Court dismissed his petition on the ground that he had failed to complete his state remedies by making application to appeal the Post Conviction proceeding. On August 3, 1964, the Fourth Circuit Court of Appeals ruled on the case, determining that petitioner, because of his ignorance, had not deliberately by-passed state remedies and that adequate relief was still available to petitioner in the state courts. Hunt v. Warden, 335 F. 2d 936 . Applicant then filed a second petition under the Post Conviction Procedure Act on September 29, 1964.

On December 16, 1964, Judge Cardin denied relief, without a hearing, on the grounds that his contentions had