Caplin v. Director, Patuxent Institution
| Decision Date | 11 October 1966 |
| Docket Number | No. 24,24 |
| Citation | 223 A.2d 166,244 Md. 103 |
| Parties | Thomas W. CAPLIN v. DIRECTOR, PATUXENT INSTITUTION. Defective Delinquent |
| Court | Maryland Court of Appeals |
Before HAMMOND, C. J., and HORNEY, MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.
This is an application for leave to appeal from an order of the Circuit Court for Montgomery County dated January 11, 1965, finding that the applicant is a defective delinquent and committing him to Patuxent Institution. Thomas W. Caplin previously had been convicted in the Circuit Court for Montgomery County of housebreaking, larceny and receiving stolen goods, and on May 14, 1963, he was sentenced to not more than two years in the Maryland Institution for Men. Subsequently, on February 4, 1964, a jury trial was held in the Circuit Court for Montgomery County to determine whether the applicant was a defective delinquent. The jury was unable to agree and was discharged. Another trial was held on January 11, 1965, before Judge Walter H. Moorman and a jury, and the jury found that the applicant was a defective delinquent.
In this application for leave to appeal, the applicant raises the following contentions 1. That there was not an adjudication of the fact that the applicant would have been a defective delinquent within the period of his sentence taking into effect good and industrial time.
2. That a staff psychiatrist was allowed to testify although he had not examined the applicant until August 4, 1964, almost a year after an earlier examination by another staff member, and approximately six months after the original trial.
3. That neither the court, the State's Attornry, nor the applicant was provided with the Interval Note dated January 5, 1965, until the morning of the trial.
4. That Louis M. Florenzo was allowed to give his opinion that the applicant was a defective delinquent although the witness did not meet the qualifications for certification as a psychologist in Maryland, set forth in Art. 43 (1957 Code, as amended).
The applicant's first contention was answered in Eggleston v. State, 209 Md. 504, 121 A.2d 698 (1956). With regard to the second contention, the examination was part of the proper procedure for the determination of whether or not the applicant was a defective delinquent, and the examination was made before the applicant was released, and even before his sentence had expired. Thus it was in compliance with Art. 31B, § 6(c). Insofar as the applicant's second contention also goes to weight to be afforded this examination at the trial, it must be rejected on this appeal. Alt v. Director, 240 Md. 262, 213 A.2d...
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State v. Williams
...psychologist can testify on the ultimate issue of defective delinquency, and also seems to attribute such a holding to Caplin v. Director, 244 Md. 103, 223 A.2d 166 (1966), the actual issue there was whether a psychologist could so testify despite his failure to produce in court the tests w......
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Gray v. Director, Patuxent Institution
...of the Interval Note. No date is set for when it must be received. No earlier request by counsel for the Note was denied. Caplin v. Director, 244 Md. 103, 223 A.2d 166. In any event, in the absence of a showing that the point was raised below, we have held that this contention fails. Elliot......
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Crews v. Director, Patuxent Institution
...whose competence is challenged by the applicant-need not be certified pursuant to Article 43, secs. 619 and 620. Caplin v. Director, 244 Md. 103, 106, 223 A.2d 166, 168 (1966).3 The evidence introduced at trial showed that Dr. Croce was graduated from medical school in Rome in 1946, served ......
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Hall v. Director, Patuxent Institution
...been held competent to render an opinion on the question of whether the defendant is a defective delinquent. Caplin v. Director, 244 Md. 103, 223 A.2d 166 (1966), where, as here, his scientific competence is Also without merit is the applicant's contention that Article 31B is unconstitution......