Northington v. Warden of Md. Penitentiary
| Decision Date | 23 November 1959 |
| Docket Number | No. 32,32 |
| Citation | 221 Md. 586,155 A.2d 651 |
| Parties | Timothy L. NORTHINGTON v. WARDEN OF THE MARYLAND PENITENTIARY. Post Conviction |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT, and HORNEY, JJ.
In this application for leave to appeal from denial of a petition for relief under the Post Conviction Procedure Act, the applicant contends: (1) that there was insufficient evidence to convict of statutory rape, (2) that the testimony of the girl was contradictory and vague, (3) that he was not advised of his right to appeal, and (4) that the girl and her mother testified falsely. As to (1) and (2) we have repeatedly held that the sufficiency or weight of evidence cannot be raised in such a proceeding as this. As to (3), the applicant was represented by counsel, and it is clear that failure to advise as to a right of appeal is not equivalent to a denial of the right. See Davis v. Warden, 217 Md. 662, 143 A.2d 77; Cooper v. Warden, 214 Md. 629, 632, 136 A.2d 367; Finley v. Warden, 211 Md. 650, 652, 127 A.2d 134. As to (4), the bald allegation of perjury does not call for relief under the Act....
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Elliott v. Warden, Maryland Penitentiary, Civ. No. 14478.
...be a fact. In the absence of such collusion or knowledge, this objection cannot be the basis for relief under the Act. (Northington v. State, 221 Md. 586, 155 A.2d 651; Brown v. Warden, 221 Md. 582, 155 A.2d 648; State v. D'Onofrio, 221 Md. 20, 155 A.2d Judge Allen also disposed of the othe......
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Lloyd v. Warden, Maryland Penitentiary
...Police Officers. A bald allegation of perjury does not call for relief under the Post Conviction Procedure Act. Worthington v. Warden, 221 Md. 586 155 A.2d 651; State v. D'Onofrio, 221 Md. 20 155 A.2d An application for leave to appeal was filed with the Court of Appeals of Maryland, which ......
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Truesdale v. Warden of Md. Penitentiary
...testimony was perjured and the statement of facts showing the active participation of state officers in its use.' See also Northington v. Warden, Md.1959, 155 A.2d 651, citing State v. D'Onofrio, Md.1959, 155 A.2d In amplification of his charge of conspiracy, he alleges that Uncles, a codef......
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Scott v. Warden, Md. Penitentiary
...is not the equivalent of a denial of the right and is not a ground for relief under the Post Conviction Procedure Act. Northington v. Warden, 221 Md. 586, 155 A.2d 651, and cases therein cited on this point; Dorris v. Warden, 222 Md. 586, 158 A.2d Application denied. 1 One or two relatively......