From Casetext: Smarter Legal Research

Lishure v. Warden

Court of Appeals of Maryland
Dec 18, 1959
156 A.2d 435 (Md. 1959)

Opinion

[P.C. No. 49, September Term, 1959.]

Decided December 18, 1959.

POST CONVICTION PROCEDURE ACT — Counsel — Lack Of — No Showing Of Element Of Unfairness By Reason Of. The Court held in this post conviction proceeding that there was no showing that an element of unfairness entered into the petitioner's trial, by reason of the failure to appoint counsel, so as to amount to a violation of constitutional rights. p. 601

J.E.B.

Decided December 18, 1959.

Harry Crystal Lishure instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.

Application denied.

Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


Application for leave to appeal under the Post Conviction Procedure Act is denied for the reasons stated in the opinion of the court below. The only point that needs any amplification is the applicant's contention that counsel was not appointed to represent him in the trial, when he was convicted of statutory burglary and sentenced to five years in the penitentiary. The court below found, and we agree, that there was no showing that an element of unfairness entered into the trial, by reason of failure to appoint counsel, that would amount to a violation of constitutional rights. See Tillett v. Warden, 220 Md. 677. Cf. Brown v. Warden, 218 Md. 643, and Hill v. State, 218 Md. 120. See also Betts v. Brady, 316 U.S. 455, and Edwardsen v. State, 220 Md. 82.


Summaries of

Lishure v. Warden

Court of Appeals of Maryland
Dec 18, 1959
156 A.2d 435 (Md. 1959)
Case details for

Lishure v. Warden

Case Details

Full title:LISHURE v . WARDEN OF MARYLAND PENITENTIARY

Court:Court of Appeals of Maryland

Date published: Dec 18, 1959

Citations

156 A.2d 435 (Md. 1959)
156 A.2d 435