Johnson v. Warden of Md. Penitentiary, 55
| Decision Date | 23 February 1960 |
| Docket Number | No. 55,55 |
| Citation | 222 Md. 587,158 A.2d 119 |
| Parties | William H. JOHNSON v. WARDEN OF THE MARYLAND PENITENTIARY. Post Conviction |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT, and HORNEY, JJ.
Applicant appeals from the dismissal by the Criminal Court of Baltimore of his petition for relief under the Post Conviction Procedure Act, Code (1959 Supp.), Art. 27, Sec. 645A et seq. The application is denied for the reasons set out in the opinion of Judge Joseph L. Carter of the court below.
Applicant complains that his rights were adversely affected by the refusal of the lower court to order the State to provide him with a transcript of his original trial in order to sustain one of his allegations. In Truesdale v. Warden, 157 A.2d 281, we decided that the Act did not require the supplying of a petitioner with such a transcript. Judge Carter had the relevant testimony read to him and a portion of the testimony is included in his opinion. This testimony does not sustain the allegation of the applicant, and therefore the refusal of the court to order the transcript given to the applicant was not an abuse of discretion.
In this Court the applicant complains that he was denied the right to amend...
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Moran v. Williams, 99
... ... Bernfeld, 226 Md. 400, at 405, 174 A.2d 53, at 55 (1961), where the Court of Appeals said: ... 'The general rule by which ... ...
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State v. Long
...the trial court did not abuse its discretion in denying the applicant a copy of the transcript. To the same effect, see Johnson v. Warden, 222 Md. 587, 158 A.2d 119, Gamble v. Warden, 223 Md. 633, 161 A.2d 450, and White v. Warden, 229 Md. 645, 184 A.2d 840. In Klein v. Warden, 233 Md. 603,......