Davis v. Warden of Md. Penitentiary, 14
| Decision Date | 09 October 1956 |
| Docket Number | No. 14,14 |
| Citation | 211 Md. 606,125 A.2d 841 |
| Parties | John Wilbur DAVIS v. WARDEN of the MARYLAND PENITENTIARY. Application |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and COLLINS, HENDERSON and HAMMOND, JJ.
Petitioner seeks to appeal from the denial of the writ of habeas corpus by Judge Michael Paul Smith of the Circuit Court for Baltimore County on May 12, 1956. He is serving a sentence of five years imposed after he had pleaded guilty in the Circuit Court for Frederick County to breaking and entering. In 1955 he sought the writ of habeas corpus in Baltimore and was denied its issuance by Judge Emory H. Niles. He asked leave to appeal from that denial and his application was refused by this Court in January, 1956, in Davis v. Warden, 208 Md. 675, 119 A.2d 365.
Code 1951, art. 42, § 6, provides that where an application for leave to appeal from an order denying a writ of habeas corpus is denied, the order sought to be reviewed becomes final to the same extent and with the same effect as if it had been affirmed on appeal. See Lewis v. Warden, 205 Md. 658, 109 A.2d 64. In the opinion in Davis v. Warden, supra, Judge Collins dealt in detail with each of the grounds for relief relied on by petitioner and pointed out that none of them constituted the basis for the issuance of the writ of habeas corpus. A careful review of petitioner's present lengthy application, and his supporting brief, shows that he has subdivided and rephrased the grounds relied on in his first application for leave to appeal but that there is no substantial difference between them and the grounds relied on before Judge Smith and in the present application. Petitioner's complaints in the case now before us do not differ significantly, either factually or in legal effect, from those he made, unsuccessfully, in the first case. This being so, the refusal of this Court to grant leave to appeal from the denial of the writ of habeas corpus by Judge Niles controls the present application for leave to appeal, and petitioner must be denied the relief he seeks.
Application denied, with costs.
To continue reading
Request your trial
-
Tillett v. Warden of Md. House of Correction
...By those proceedings the errors therein alleged were previously and finally litigated. Code (1957), Art. 42, Sec. 6; Davis v. Warden, 211 Md. 606, 125 A.2d 841; State ex rel. Conley v. Warden, 193 Md. 699, 65 A.2d 895. They were, we think, so litigated within the meaning of the above provis......
-
Jackson v. Warden of Md. Penitentiary, 11
... ... It cannot be raised on habeas corpus. Davis v. Warden, 208 Md. 675, 119 A.2d 365. Particularly is this so where the errors complained of did not prevent resort to the remedy of appeal and an ... ...
-
Rudolph v. Warden, Maryland Penitentiary
...shall thereby become final to the same extent and with the same effect as if said order had been affirmed on appeal.' Davis v. Warden, 211 Md. 606, 125 A.2d 841. The right to apply for leave to appeal was, of course, cut off by the repeal of sec. 6 by sec. 1, ch. 45, Acts of 1958, but that ......
-
Davis v. Pepersack
...unsuccessfully, for leave to appeal to the Maryland Court of Appeals. Davis v. Warden, 1956, 208 Md. 675, 119 A.2d 365; Davis v. State, 1956, 211 Md. 606, 125 A.2d 841. In each instance, the Court of Appeals of Maryland held that the points raised were proper subjects for appeal and not for......