Meadows v. Warden of Maryland Penitentiary

Per Curiam. On 24 November 1959, the petitioner, Broadus Meadows, ⁷¹² was tried and convicted of murder in the first degree before Judges J. Gilbert Prendergast and Michael J. Manley (later Chief Judge Manley). The imposition of sentence was postponed to allow for filing of a motion for new trial. For reasons undisclosed the motion was never filed.

On 1 December 1959 petitioner was sentenced to life imprisonment. No appeal was taken. On 17 January 1962 Meadows filed a petition under the Post Conviction Procedure Act alleging that the state had obtained his conviction by using testimony it knew was perjured. On 7 March 1963 Judge Cullen, holding that Meadows had not alleged a ground for post conviction relief, denied the application.

We reversed, Meadows v. Warden, 232 Md. 635 , 192 A. 2d 758 (1963) and remanded the case for a factual inquiry into the allegation. On remand, Judge Cullen took testimony on the issue and found that there was no basis for a finding that the state had knowingly used perjured testimony. Application for leave to appeal was denied. Meadows v. Warden, 234 Md. 651 , 200 A. 2d 65 (1964).

Petitioner’s second petition for post conviction relief was filed on 23 August 1965. On 14 December 1965 Judge Cardin denied relief. This application for leave to appeal was filed 23 December 1965. It must be denied.

Petitioner’s application states no grounds why the lower court’s order should be reversed as required by Maryland Rule BK 46, and it may be denied on that ground alone. Jones v. Warden, 241 Md. 728 , 217 A. 2d 338 (1966). However, because he was convicted of the crime of murder, we have reviewed the contentions he put to the trial judge. Petitioner contends, once again, that his conviction was