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UNGER v. STATE

No. 111, September Term, 2009.

48 A.3d 242 (2012)

427 Md. 383

Merle UNGER v. STATE of Maryland.

Court of Appeals of Maryland.

Reconsideration Denied August 16, 2012.

Attorney(s) appearing for the Case

Daniel H. Ginsburg and Gary E. Bair (Bennett & Bair, LLC, Greenbelt, MD), on brief, for petitioner.

Cathleen C. Brockmeyer, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, on brief), for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.

JOHN C. ELDRIDGE (Retired, Specially Assigned), J.

I.

This is an action under the Maryland Uniform Postconviction Procedure Act, now codified as Maryland Code (2001, 2008 Repl.Vol.), § 7-101 et seq. of the Criminal Procedure Article. The action involves the Maryland constitutional provision, Article 23, paragraph one, of the Maryland Declaration of Rights, which provides in mandatory language as follows:

"In the trial of all criminal...

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