Cumberland v. Warden of Md. Penitentiary
| Decision Date | 12 November 1954 |
| Docket Number | No. 12,12 |
| Parties | Harry L. CUMBERLAND v. WARDEN OF THE MARYLAND PENITENTIARY. |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and DELAPLAINE, COLLINS, HENDERSON, and HAMMOND, JJ.
This is an application for leave to appeal from a denial of a writ of habeas corpus by Judge Harris, in the Circuit Court for Allegany County. Petitioner was convicted on six charges of forgery in the Criminal Court of Baltimore and sentenced to a term of four years. He contends (1) that his arrest was illegal, (2) that he was held incommunicado for four days and not allowed to communicate with his family in an effort to obtain counsel, (3) that court-appointed counsel entered pleas of guilty to six of the charges without his consent and, in effect, denied him a jury trial, and (4) that the State produced no witnesses against him.
We have repeatedly held that after trial and conviction the legality of arrest cannot be inquired into upon habeas corpus. Spence v. Warden of Maryland House of Correction, 204 Md. 661, 103 A.2d 345. Nor can the extent or legality of his initial detention. Bowie v Warden of Maryland Penitentiary, 190 Md. 728, 60 A.2d 185; Taylor v. Warden of Maryland House of Correction, 201 Md. 656, 92 A.2d 757; Fisher v. Swenson, 192 Md. 717, 64 A.2d 124. He admits that counsel was appointed to defend him, and there is no allegation that he complained to the court as to the conduct or competency of the counsel appointed. Gillum v. Warden of Maryland Penitentiary, 200 Md. 656, 90 A.2d 173; Thanos v. Superintendent Maryland State Reformatory for Males, 204 Md. 665, 104 A.2d 926. Nor is there any allegation that he objected to the pleas of guilty entered by his counsel. Counsel, of course, had a right to speak for the accused both in the matter of jury trial and plea of guilty. Ahern v. Warden of Maryland House of Correction, 203 Md. 672, 100 A.2d 645; Adkins v. Warden of Maryland House of Correction, 196 Md. 652, 75 A.2d 772; State ex rel. Freeland v. Warden of Maryland Penitentiary, 193 Md. 696, 65 A.2d 886; Battle v. Warden of Maryland House of Correction, 190 Md. 720, 60 A.2d 182. If the defendant acquiesces, the point could not be raised even on direct appeal where the scope of review is far wider. Banks v. State, 203 Md. 488, 497, 102 A.2d 267; Rose v. State, 177 Md. 577, 581, 10 A.2d 617. Of course, if the plea of guilty was entered...
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Countess v. State
...210 Md. 662, 663-64, 124 A.2d 284, 285 (1956); Cullings v. State, 205 Md. 22, 24-25, 106 A.2d 69, 70-71 (1954); Cumberland v. Warden, 205 Md. 646, 648, 109 A.2d 66, 67 (1954); Raynes v. Warden, 193 Md. 700, 702, 65 A.2d 790, 791 (1948). Manifestly, at the time these cases were decided, the ......
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Gans v. Warden of Md. Penitentiary, 11
...else in the record, and there is no showing of any complaint or objection having been made when the plea was entered (Cumberland v. Warden, 205 Md. 646, 109 A.2d 66, cert. denied 348 U.S. 929, 75 S.Ct. 344, 99 L.Ed. 729; Spencer v. Warden, 222 Md. 582, 158 A.2d 317; cf. Chislom v. Warden, s......
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Presley v. Peppersack, 7042.
...can the legality of arrest — see Spence v. Warden, 204 Md. 661, 103 A.2d 345; Lewis v. Warden, 203 Md. 676, 100 A.2d 803; Cumberland v. Warden, 205 Md. 646, 109 A.2d 66; nor can his allegations that the police used force and threats to gain incriminating statements from him be raised on hab......
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