STATE v. ROSE

No. 80, Sept. Term, 1995.

691 A.2d 1314 (1997)

345 Md. 238

STATE of Maryland v. David Edward ROSE.

Court of Appeals of Maryland.

April 8, 1997.


Attorney(s) appearing for the Case

Ann N. Bosse, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for Petitioner.

Daniel H. Ginsburg (Mary Ann Berlin, on brief), Baltimore, for Respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


ELDRIDGE, Judge.

This case requires us once again to consider the waiver provision of the Maryland Post Conviction Procedure Act, Maryland Code (1957, 1992 Repl.Vol.), Article 27, § 645A(c). The issue is whether an argument concerning the validity of a reasonable doubt jury instruction, when the instruction was not objected to and the argument was not made at a prior opportunity, has been waived.

I.

In April 1982, following a jury trial in the...

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