Narrative Opinion Summary
James L. Murray sought leave to appeal an order from the Criminal Court of Baltimore that denied relief on his first petition under the Uniform Post Conviction Procedure Act. The hearing judge acknowledged that Murray had requested his retained counsel to file an appeal within thirty days of sentencing but denied relief based on outdated case law. Maryland Rule 719 b 6, effective September 1, 1967, mandates that court-appointed counsel must inform the accused of their right to appeal and assist in filing an appeal if requested. This requirement also applies to retained counsel, as established in Evans v. Warden, where it was determined that failure to comply with this duty necessitates granting a belated appeal for cases after the rule's effective date. Consequently, the application for leave to appeal was granted, and the case was remanded for further proceedings in line with this opinion.
Legal Issues Addressed
Duty of Counsel to Inform and Assist in Appealssubscribe to see similar legal issues
Application: In this case, the court highlights that both court-appointed and retained counsel are obligated to inform defendants of their right to appeal and assist in filing an appeal if requested, as established in the precedent case Evans v. Warden.
Reasoning: Maryland Rule 719 b 6, effective September 1, 1967, mandates that court-appointed counsel must inform the accused of their right to appeal and assist in filing an appeal if requested. This requirement also applies to retained counsel, as established in Evans v. Warden.
Granting of Belated Appeal Due to Counsel's Failuresubscribe to see similar legal issues
Application: The court applied this principle by granting a belated appeal to Murray, recognizing the failure of his retained counsel to file an appeal as requested, thus aligning with the post-September 1967 rule.
Reasoning: The hearing judge acknowledged that Murray had requested his retained counsel to file an appeal within thirty days of sentencing but denied relief based on outdated case law... Consequently, the application for leave to appeal was granted, and the case was remanded for further proceedings in line with this opinion.