Smith v. Warden of the Maryland Penitentiary

In this second application for leave to appeal from the denial of post conviction relief by the lower court, the petitioner stated four grounds of alleged error, all of which were denied by Judge Grady. Three of the contentions were properly denied because they should have been raised in the first petition. But, for the reason stated in Davis v. Warden, 232 Md. 670, it appears that the hearing judge, despite our denial of the same contention on the first application for leave to appeal in Smith v. Warden, 230 Md. 631, may have gone too far in holding that the fourth point — concerning the…