Brooks v. Warden of Md. Penitentiary
| Decision Date | 13 November 1958 |
| Docket Number | No. 26,26 |
| Citation | 145 A.2d 569,218 Md. 650 |
| Parties | James West BROOKS v. WARDEN OF THE MARYLAND PENITENTIARY. |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
The application for leave to appeal from a denial of the writ of habeas corpus is denied, with costs.
Judge Day, of the Circuit Court for Harford County, properly ruled the applicant was not entitled to the writ applied for, but he assigned no reasons for his action other than by pointing out that the applicant was in error because he was not only given an opportunity to obtain counsel but was actually represented by counsel at his trial in the Criminal Court of Baltimore (Smith, C. J.).
With regard to the other reasons assigned by the applicant for granting the writ, we have repeatedly held such reasons are not grounds for granting the writ sought, for instance: the illegality of arrest and initial detention raised after trial and conviction [Howell v. Warden, 1958, 216 Md. 611, 139 A.2d 270]; a mere complaint of being held incommunicado before trial [Hamilton v. Warden, 1958, 216 Md. 652, 140 A.2d 891]; a question as to bail after conviction [see Cook v. Warden, 1958, 215 Md. 628, 137 A.2d 649, certiorari denied 1958, 356 U.S. 953, 78 S.Ct. 920, 2 L.Ed.2d 846]; a claim of denied of a trial by jury (which in this instance is not true) [Savoy v. Warden, 1958, 216 Md. 616, 139 A.2d 257]; and an allegation that evidence was...
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Slater v. Warden of Md. Penitentiary
...as Such may not be raised effectively in a post conviction proceeding. Warrington v. Warden, 222 Md. 601, 159 A.2d 360; Brooks v. Warden, 218 Md. 650, 145 A.2d 569; Culley v. Warden, 218 Md. 639, 145 A.2d 226. Likewise, the question of the sufficiency of the evidence, which Slater poses in ......
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Warrington v. Warden of Md. Penitentiary
...police promised leniency. The first three of these cannot be raised in a post conviction case (illegal arrest and search, Brooks v. Warden, 218 Md. 650, 145 A.2d 569; Mears v. Warden, 220 Md. 682, 155 A.2d 72; insufficiency of the evidence and inadequacy of counsel, Banks v. Warden, Md., 15......
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Lloyd v. Warden, Maryland Penitentiary
...and a mere complaint of being held incommunicado before trial are not grounds for relief in collateral proceedings. Brooks v. Warden, 218 Md. 650 145 A.2d 569; Howell v. Warden, 126 216 Md. 611 139 A.2d "The third contention, that the evidence was insufficient to support a finding of guilt,......
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Rice v. Warden of Md. Penitentiary
...Md., 151 A.2d 897; Mears v. Warden, Md., 155 A.2d 72. After conviction a question of bail may not be raised on habeas corpus, Brooks v. Warden, 218 Md. 650, 145 A.2d 569; nor may alleged irregularities in preliminary proceedings or procedures which may not be raised on habeas corpus be revi......