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HOLMES v. STATE

No. 140, Sept. Term, 2006.

932 A.2d 698 (2007)

401 Md. 429

Darrell HOLMES a/k/a Lendro Thomas v. STATE of Maryland.

Court of Appeals of Maryland.

September 21, 2007.

Attorney(s) appearing for the Case

Allison E. Pierce, Assistant Public Defender (Nancy S. Forster, Public Defender, of Baltimore), on brief, for petitioner.

Mary Ann Ince, Assistant Attorney General (Douglas F. Gansler, Attorney General of Maryland, of Baltimore), on brief, for respondent.

Argued before BELL, C.J., RAKER, CATHELL, HARRELL, BATTAGLIA, GREENE and ALAN M. WILNER (Retired, specially assigned), JJ.

BATTAGLIA, J.

The case sub judice presents this Court with the task of determining whether an individual who enters a guilty plea but who does not file an application for leave to appeal challenging the resulting conviction and sentence waives his right to subsequently challenge his conviction and sentence through a petition for a writ of error coram nobis when the individual is not incarcerated or on parole or probation. We shall hold that a presumption that...

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