Lomax v. Warden of Md. Penitentiary
| Decision Date | 18 October 1963 |
| Docket Number | No. 41,41 |
| Citation | 232 Md. 657,194 A.2d 269 |
| Parties | William LOMAX, Jr. v. WARDEN OF the MARYLAND PENITENTIARY. Post Conviction |
| Court | Maryland Court of Appeals |
Before HENDERSON, HAMMOND, HORNEY, MARBURY and SYBERT, JJ.
This is an application for leave to appeal from the denial of post conviction relief.
At a hearing before Judge Harris, the petitioner was represented by court-appointed counsel, was present in person and testified on his own behalf. The court, in its memorandum and order rejecting the claims of the petition, clearly stated the grounds on which the case was determined and made separate findings based on the testimony taken at the hearing and supported by prior decisions of this Court, as to each of the seven contentions raised below by the petitioner. We concur.
On his application for leave to appeal the petitioner has raised for the first time the contention that evidence obtained by an illegal search and seizure was used against him in his original trial. It is well settled that claims not asserted in the lower court will not be considered by this Court on an application for leave to appeal. Smith v. Warden, Md., 193 A.2d 853; Byrd v. Warden, 222 Md. 577, 158 A.2d 120.
Application denied.
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Davis v. Warden of Md. Penitentiary
...add to his claims. Claims first presented on application for leave to appeal are not properly before us for consideration. Lomax v. Warden, 232 Md. 657, 194 A.2d 269. This applies to the charge now sought to be added to the contention that the past criminal record was not admissible, that t......
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Roe v. Director, Patuxent Inst., 45
...will not be considered by us on an application for leave to appeal. Burke v. Warden, 239 Md. 701, 211 A.2d 758 (1965); Lomax v. Warden, 232 Md. 657, 194 A.2d 269 (1963); Brown v. Director, 224 Md. 635, 165 A.2d 895 In any event, questions of sufficiency of the evidence to convict (applicant......
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Hamm v. Warden, Md. Penitentiary
...will not be considered by this Court on an application for leave to appeal. Davis v. Warden, 235 Md. 637, 201 A.2d 672; Lomax v. Warden, 232 Md. 657, 194 A.2d 269; Smith v. Warden, 232 Md. 650, 193 A.2d 853; Byrd v. Warden, 222 Md. 577, 158 A.2d Two of these claims together present the cont......