BREWER v. WARDEN, 243 Md. 703 (1966)

221 A.2d 908

BREWER v. WARDEN OF THE MARYLAND HOUSE OF CORRECTION

[App. No. 109, September Term, 1965.]Court of Appeals of Maryland.
Decided August 1, 1966.

POST CONVICTION PROCEDURE ACT — Maryland Rule BK 43, Which Gives The State Fifteen Days To Respond To A Petition For Relief Under The Act, Has No Bearing On The Appeal Procedure. pp. 703-704

H.C.

Decided August 1, 1966.

Application for leave to appeal from the Criminal Court of Baltimore (CARDIN, J.).

Maxie Lee Brewer instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

Application dismissed.

Before PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.

PER CURIAM.

Despite petitioner’s failure to file his application for leave to appeal within 30 days as required by Code, Art. 27, § 645-I
(1957 Cum. Supp. 1965) and Maryland Rule BK 46 a, he has filed a motion that he be released because the state has failed to answer his application within 15 days. Maryland Rule BK 43,

Page 704

which gives the State 15 days to respond to a petition for post conviction relief, has no bearing on the appeal procedure. The motion must, therefore, be denied and the application dismissed Lucas v. Warden, 235 Md. 666, 202 A.2d 604 (1964).

Application dismissed.