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Sherman v. State

Court of Appeals of Maryland
Aug 5, 1991
323 Md. 310 (Md. 1991)

Summary

holding that § 12-202 bars jurisdiction when the CSA has simply denied an application for leave to appeal in a post-conviction proceeding

Summary of this case from Stachowski v. State

Opinion

Petition Docket No. 129, September Term, 1991.

August 5, 1991.

Stuart J. Robinson, Bel Air, Michael R. Bromwich, James G. Duncan, Mayer, Brown Platt, Washington, D.C., for petitioner.

Diana A. Brooks, Bel Air, for respondent.

Submitted to MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and BELL, JJ.


ORDER

The Court has considered the petition for a writ of certiorari in which the petitioner seeks review of the denial by the Court of Special Appeals of his application for leave to appeal from the denial of post-conviction relief by the Circuit Court for Baltimore County.

It is the long and well-established law that the Court has no certiorari jurisdiction to grant post-conviction relief when the Court of Special Appeals has simply denied an application for leave to appeal in a post-conviction proceeding. Md. Code (1989 Repl. Vol.), sec. 12-202 of the Courts and Judicial Proceedings Article; Williams v. State, 292 Md. 201, 438 A.2d 1301 (1981); Moss v. Director, 279 Md. 561, 369 A.2d 1011 (1977); Jourdan v. State, 275 Md. 495, 341 A.2d 388 (1975). The petition for certiorari is thus hereby denied for lack of jurisdiction.

Counsel for the petitioner is charged with knowledge that the Court is without jurisdiction in this case, and it is incumbent upon counsel to so advise the petitioner.

It is further incumbent upon counsel for the petitioner to fully reimburse the petitioner for the amount of any fee paid to counsel for the filing of this petition for a writ of certiorari, including the amount of this Court's filing fee, and to promptly advise the Court of compliance with this Order unless reasons to the contrary be shown by counsel not later than 22nd day of August, 1991.


Summaries of

Sherman v. State

Court of Appeals of Maryland
Aug 5, 1991
323 Md. 310 (Md. 1991)

holding that § 12-202 bars jurisdiction when the CSA has simply denied an application for leave to appeal in a post-conviction proceeding

Summary of this case from Stachowski v. State

finding that the Court of Appeals "has no certiorari jurisdiction to grant post-conviction relief when the Court of Special Appeals has simply denied an application for leave to appeal in a post-conviction proceeding"

Summary of this case from Nivens v. Morgan

confirming the absence of certiorari jurisdiction to grant post-conviction relief where the Court of Special Appeals has simply denied an application for leave to appeal

Summary of this case from Johnson v. Maynard
Case details for

Sherman v. State

Case Details

Full title:TIMOTHY SCOTT SHERMAN v. STATE OF MARYLAND

Court:Court of Appeals of Maryland

Date published: Aug 5, 1991

Citations

323 Md. 310 (Md. 1991)
593 A.2d 670

Citing Cases

Stachowski v. State

We may grant certiorari, however, when the intermediate appellate court makes a decision on an application…

Williams v. Crowder

To exhaust a claim through post-conviction proceedings, it must be raised in a petition filed in the Circuit…