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WATERS v. STATE

No. 19, September Term, 1988.

76 Md. App. 548 (1988)

547 A.2d 665

JACK WATERS, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

September 29, 1988.

Attorney(s) appearing for the Case

Scott Whitney, Asst. Public Defender, Baltimore, for applicant.

J. Joseph Curran, Jr., Atty. Gen. with whom was B. Randall Coates, State's Atty. for Worcester County, for respondent.

Submitted before MOYLAN, WILNER, and ROBERT M. BELL, JJ.

Application for Leave to Appeal (Post Conviction) No. 19, September Term, 1988.

ROBERT M. BELL, Judge.

The primary issue presented by this application for leave to appeal is whether Jack Waters, Jr., applicant, is entitled to an evidentiary hearing on this, his third petition for Post Conviction Relief. The secondary issue is whether a petitioner may litigate in a post conviction proceeding the question of appellate counsel's competence. We resolve both issues...

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