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HERSCH v. STATE

Nos. 26, 27, September Term 1988.

317 Md. 200 (1989)

562 A.2d 1254

JOSEPH EDWARD HERSCH, JR. v. STATE OF MARYLAND. RONALD E. CLEARY v. STATE OF MARYLAND.

Court of Appeals of Maryland.

September 7, 1989.

Attorney(s) appearing for the Case

Julia Doyle Bernhardt, Asst. Public Defender (Alan H. Murrell, Public Defender, both on brief), Baltimore, for petitioner Hersch.

Victor S. Keating, Asst. Public Defender (Alan H. Murrell, Public Defender, both on brief), Baltimore, for petitioner Cleary.

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

McAULIFFE, Judge.

These two cases, tried separately in the Circuit Court for Prince George's County, generate the same question — may a waiver of the right to a hearing and to adequate proof of a violation of probation be accomplished by a defendant's attorney, or is the right so substantial that waiver of it requires a personal, knowing, and intelligent waiver by the defendant?

I.

Joseph Edward Hersch was convicted in 1984 of possession of...

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