Opinion
[H.C. No. 6, October Term, 1948.]
Decided June 16, 1948.
Habeas Corpus — Arrest Without Warrant No Ground for Release On — Lack of Counsel, if Accused Has Court-Appointed Counsel No Ground for Release On — Bare Allegation of Being Forced to Sign Statement On Promise of Release Under Bond No Ground for Release On — Prejudice of Judge No Ground for Release On If Judge's Remarks Show None — Too Severe Penalty, Unless A Denial of Due Process, No Ground for Release On.
Arrest without a warrant does not prevent an accused in a criminal case from being validly indicted and tried and is no ground for release on habeas corpus. p. 747
If an accused in a criminal case has a lawyer appointed by the court and he expressed no dissatisfaction with the appointment, he cannot get a release on habeas corpus on the ground that he was denied counsel. p. 747
If an accused in a criminal case is forced to sign a statement under promise of release, he should offer the statement in evidence at the trial. If the trial court makes an erroneous ruling as to its admission, he can appeal. His bare allegation in an application for appeal from refusal of a writ of habeas corpus that he was forced to sign such a statement does not permit his release. p. 747
Refusal of release under bond is not a ground for release on habeas corpus. p. 747
Denial of a speedy trial is not of itself a denial of due process and is no ground for release on habeas corpus. p. 747
An allegation in a petition for leave to appeal in a habeas corpus case that the judge was prejudiced, if not indicated by remarks of the judge, is no ground for release on habeas corpus. p. 747
Too severe penalty, unless there is a clear denial of due process, is not a ground for release on habeas corpus. p. 747
Decided June 16, 1948.
Habeas corpus proceeding by State of Maryland, on the relation of Carol Joseph Zell, against the Warden of Maryland House of Correction. An order was entered denying writ, and petitioner asks for leave to appeal.
Application denied.
Before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON, and MARKELL, JJ.
Petitioner asks for leave to appeal from an order of Judge James Clark of the 4th Circuit, denying him the writ of habeas corpus. He was convicted of larceny in the Circuit Court for Montgomery County, and sentenced to serve four years in the House of Correction on November 29, 1943. He was paroled November 5, 1945, and returned from parole December 24, 1947.
Applicant gives seven reasons why his detention is unlawful: (1) He was arrested without a warrant. The circumstances are not shown, but in no event does this prevent him from being validly indicted and tried. (2) Denial of the right to have a lawyer. He did have a lawyer, appointed by the court, and expressed no dissatisfaction with this appointment. (3) He was forced to sign a statement under promise of release. If this statement was offered in evidence, that is a matter for the trial court to rule upon, and any erroneous ruling can be appealed. (4) He was refused release on bond. This has nothing to do with the validity of his present confinement. (5) He was denied the right to a speedy trial, having been kept in jail five and one-third months after arrest and before trial. No explanation of this is given, and the bare fact is not of itself a denial of due process. (6) The Judge was prejudiced against him. The remarks of the Judge when he sentenced him do not indicate prejudice, although they do indicate previous knowledge and a belief that applicant cannot keep out of jail. (7) The penalty was too severe. This is within the discretion of the trial court unless there is a clear denial of due process, which does not appear from the record.
Application denied, without costs.