Cummings v. Warden, Md. House of Correction
| Decision Date | 27 July 1966 |
| Docket Number | No. 133,133 |
| Citation | 243 Md. 702,221 A.2d 908 |
| Parties | Robert CUMMINGS (Alias Roy Tucker) v. WARDEN, MARYLAND HOUSE OF CORRECTION. Post Conviction |
| Court | Maryland Court of Appeals |
Before PRESCOTT, C. J., and HAMMOND, HORNEY, MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.
Application for leave to appeal from a denial of post conviction relief is denied for the reasons set out in the opinion of Judge Byrnes in the court below. While Judge Byrnes reasonably concluded that petitioner did in fact knowingly waive the right to be represented at his trial by court-appointed counsel, it appears that petitioner also contends that it is constitutionally impossible to waive this right. This point was settle in Ware v. State, 235 Md. 131, 200 A.2d 664, which held that Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, did not change the long-standing rule that an accused has a right to proceed without counsel following a knowing and intelligent waiver. The principle remains unaffected by the more recent Supreme Court cases dealing with right to counsel and self-incrimination.
Application denied.
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Smith v. State
...Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Leonard, 302 Md. at 119, 486 A.2d 163; Cummings v. Warden, 243 Md. 702, 703, 221 A.2d 908 (1965); Hamilton v. State, 30 Md.App. 202, 205, 351 A.2d 153 (1975). When a defendant indicates that he wishes to defend pro s......
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Montgomery v. Warden, Md. House of Correction
...manner that there was no denial of due process. It is constitutionally possible to waive the right to be represented. Cummings, etc. v. Warden, 243 Md. 702, 221 A.2d 908; citing Ware v. State, 235 Md. 131, 200 A.2d The Supreme Court set forth the criteria of waiver in Carnley v. Cochran, 36......
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Brown v. State
...proceed without counsel following a knowing and intelligent waiver of his right to counsel is likewise well settled. See Cummings v. Warden, 243 Md. 702, 221 A.2d 908; Ware v. State, 235 Md. 131, 200 A.2d 664. The classic definition of waiver of a federal constitutional right is that contai......
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Wayne v. State
...an accused has a right to proceed without counsel following a knowing and intelligent waiver of his right to counsel. Cummings v. Warden, 243 Md. 702, 221 A.2d 908; Ware v. State, 235 Md. 131, 200 A.2d 664; Montgomery v. Warden, supra. The classic definition of waiver of a federal constitut......