Taylor v. Warden

Orth, C. J., delivered the opinion of the Court. On 24 August 1971 in the Circuit Court for Charles County 1 CHARLES TAYLOR pleaded guilty to murder in the second degree and robbery with a deadly weapon. After inquiry by the court concerning the voluntariness of his pleas, they - were accepted and verdicts of guilty in ⁶⁶⁰ accordance with the pleas were entered. On 30 September Taylor was sentenced to 30 years on the murder conviction and to a consecutive sentence of 20 years on the robbery conviction.

On 6 July 1972 Taylor filed a document addressed to the Chief Judge of the Seventh Judicial Circuit, which was deemed to be a petition for relief under post conviction proceedings. It was filed in the Circuit Court for Prince George’s County. On 10 December 1973 a “Supplement to Petition for Post Conviction Proceeding”, signed by Taylor and his attorney, was filed in that court and was answered by the State’s Attorney for Prince George’s County. The petition was heard in the Circuit Court for Prince George’s County on 14 February 1974, and by order of that court entered on 5 March 1974, relief prayed was denied. 2 Taylor seeks leave to appeal from that order.

Maryland Rule BK 40 provides: “A proceeding under the Uniform Post Conviction Procedure Act shall be commenced by the filing of a verified petition in a court having criminal jurisdiction in the county where the conviction took place. ” (emphasis added) See Code, Art. 27, § 645 A (a) as amended by Acts 1972, ch. 181, § 28, effective 1 July 1972. Rule BK 44 provides: “A