Opinion
[H.C. No. 9, October Term, 1956 (Adv.).]
Decided July 27, 1956.
HABEAS CORPUS — Fair and Impartial Trial — Guilty Plea. A contention that petitioner for a writ of habeas corpus was not given a fair and impartial trial was without merit, where he pleaded guilty. p. 675
HABEAS CORPUS — Incompetence of Attorney Representing Petitioner. An allegation of a petitioner that the attorney who represented him at his at his trial was incompetent, or did not defend him properly, will not be considered on habeas corpus, at least where there is no allegation of fraud or collusion with any official of the State, and the petitioner had an opportunity to complain to the trial court and did not do so. In the instant proceeding petitioner claimed that his attorney gave him erroneous advice, but he presented no facts to support his claim, and no allegation that he complained to the trial judge, so that the writ was properly denied. pp. 675-676
J.E.B.
Decided July 27, 1956.
Habeas corpus proceeding by Peter J. Tomaselli against the Warden of the Maryland House of Correction. From a refusal of the writ, petitioner applied for leave to appeal.
Reporter's Note: Certiorari denied, 352 U.S. 932
.
Before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.
Peter J. Tomaselli, a prisoner in the Maryland House of Correction, has applied here for leave to appeal from the refusal of a writ of habeas corpus.
Petitioner alleges that he was arraigned in the Circuit Court for Montgomery County in September, 1955, on an information charging violation of the narcotics law. He pleaded not guilty and the Court appointed an attorney to defend him. After the information was amended, he withdrew his plea and entered a plea of guilty. The Court thereupon sentenced him to the House of Correction for a term of five years.
Petitioner contends that he was not given a fair and impartial trial. His contention is without merit because he pleaded guilty. He claims that his attorney gave him erroneous advice. However, he does not present any facts to support his contention, or allege that he complained to the trial judge. An allegation of a petitioner for habeas corpus that the attorney who represented him at his trial was incompetent or did not defend him properly will not be considered on habeas corpus, at least where there is no allegation of fraud or collusion with any official of the State, and the petitioner had an opportunity to complain to the trial court and did not do so. Faught v. Warden of Maryland Penitentiary, 205 Md. 639, 109 A.2d 56; Roberts v. Warden of Maryland Penitentiary, 206 Md. 246, 251, 111 A.2d 597; Haynie v. Warden of Maryland Penitentiary, 210 Md. 668, 124 A.2d 285.
Application denied, with costs.