Vernon v. Warden

Orth, J., delivered the opinion of the Court. On 6 July 1970 Anthony Vernon, Jr., was found guilty by a jury in the Circuit Court for Baltimore County of robbery with a deadly weapon and sentenced to imprisonment for 18 years. He noted a direct appeal from the judgment on 4 August and on petition was authorized to prosecute the appeal as an indigent. Counsel was appointed for him.

The appeal is pending before this Court. Vernon v. State, No. 495, September Term, 1970. It has not as yet been argued. On 3 August, however, Vernon filed a petition in proper person collaterally attacking the judgment under post conviction procedures.

The State answered the petition on 18 August. By order of 16 September the Circuit Court for Baltimore County denied the relief prayed in the petition and included in the order was a memorandum opinion. It stated: “Now in this Petition, the Petitioner raises allegations that his constitutional rights have been violated. The Court has reviewed these allegations and finds them to be wholly without merit.

They are bold [sic] allegations of a denial of constitutional rights unsupported by facts. Matthews v. Warden, 223 Md. 649 ; Thornton v. Warden, 241 Md. 715 ; Green v. Warden, 3 Md. App. 266 . Such allegations afford no grounds for Post Conviction Relief, Smith v. Warden, 4 Md. App. 550. For the reasons so stated the Petition for Post Conviction Relief is denied.” Applicant applies for leave to appeal from the order denying relief.

We can reach no other conclusion from the record before us than that the order was issued without first having a hearing at which applicant was