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ANTWON J. LIMBERRY v. STATE OF MARYLAND

On September 30, 1996, Antwon Limberry was convicted by a jury in the Circuit Court for Baltimore County of various sexual offenses. From 1996 to 2011, Mr. Limberry filed a direct appeal, a petition for post-conviction relief, and a petition to reopen a closed post-conviction proceeding, all of which were unsuccessful. On October 31, 2013, Mr. Limberry, proceeding pro se, filed a “Motion for Appropriate Relief” in which he asserted that because he was denied his right to counsel at trial, he is entitled to a new trial. The circuit court denied Mr. Limberry’s motion and he appeals.

We will construe Mr. Limberry’s motion liberally and treat it as a petition to reopen a closed post-conviction proceeding. But that doesn’t get him very far: on that posture, he was required to file an application for leave to appeal the circuit court’s denial of his motion within thirty days, and he failed to do so. This leaves us with the discretion either to treat his notice of appeal as an application for leave to appeal or dismiss his appeal, and we elect the latter.

Read the unreported opinion.

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