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CURTIS v. STATE

[No. 153, September Term, 1977.]

284 Md. 132 (1978)

395 A.2d 464

OTTWAY LEON CURTIS, SR. v. STATE OF MARYLAND

Court of Appeals of Maryland.

Motion for reconsideration filed January 16, 1979.

Denied January 31, 1979.

Attorney(s) appearing for the Case

Martha G. Villmoare, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Alexander L. Cummings, Assistant Attorney General, with whom were Francis Bill Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.

ELDRIDGE, J., delivered the opinion of the Court.

This case concerns the interpretation of a provision of the Maryland Post Conviction Procedure Act, Maryland Code (1957, 1976 Repl. Vol.), Art. 27, § 645A (c), relating to those circumstances under which one is deemed to have "waived" an issue.

I.

The petitioner, Ottway Leon Curtis, Sr., was convicted of first degree murder on September 14, 1967, in the...

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