Duff v. Warden of the Maryland Penitentiary

On December 14, 1961, the applicant, John Robert Duff, was found guilty of assault with intent to murder, assault and battery, and carrying a concealed weapon, by a jury in the Circuit Court for Cecil County, and was sentenced to serve ten years in the penitentiary. On appeal, where the only question raised was whether the sentence constituted cruel and unusual punishment, the conviction was affirmed. Duff v. State, 229 Md. 126, 182 A. 2d 349 (1962).

On June 24, 1963, the applicant filed a petition in the Circuit Court for Cecil County seeking relief under the Uniform Post Conviction Procedure…