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IN THE COURT OF APPEALS OF MARYLAND

No. 111 September Term, 2009 _________________________________________

MERLE UNGER v. STATE OF MARYLAND __________________________________________

Bell, C. J. Harrell Battaglia Greene * Murphy Adkins Eldridge, John C. (Retired, Specially Assigned) JJ. __________________________________________ Opinion by Eldridge, J. Harrell and Adkins, JJ., Concur and Dissent. _________________________________________ Filed: May 24, 2012 *Murphy, J., now retired, participated in the hearing and conference of this case while an active member of this Court but did not participate in the decision or adoption of this opinion.

I. This is an action under the Maryland Uniform Postconviction Procedure Act, now codified as Maryland Code (2001, 2008 Repl. Vol.),

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