Ramsey v. Warden

Thompson, J., delivered the opinion of the Court. On September 14, 1964, Ramsey was convicted in the Circuit Court for Prince George’s County of robbery with a deadly weapon by a jury, Judge J. Dudley Digges presiding, and was sentenced to eighteen years in the Maryland Penitentiary. Judg ⁴⁴ ment and sentence was affirmed by the Court of Appeals of Maryland in Ramsey v. State, 239 Md. 561 , 212 A. 2d 319 . Ramsey filed a petition for relief under the Uniform Post Conviction Procedure Act through counsel.

A hearing was held April 27, 1966, before Judge Robert B. Mathias. He was denied relief in an Oral Opinion and in a further Memorandum and Order of Court which was filed June 6, 1966. Counsel, on behalf of the Petitioner, filed an application for leave to appeal on June 30, 1966, stating five grounds for relief. The Court of Appeals of Maryland, by order passed January 6, 1967, referred this case to this court for disposition.

Ramsey’s fifth contention raises the fact that the grand and petit juries which indicted and tried him, were invalid under the case of Schowgurow v. State, 240 Md. 121 , 213 A. 2d 475 . Judge Mathias found that the failure to raise this question in the direct proceedings resulted in a waiver. The Court of Appeals, in Ramsey v. State, supra, filed its opinion on July 29, 1965. Under Supreme Court Rules, Rule 22 (1) Ramsey had ninety days in which to file a petition for the writ of