Forrester v. Warden, Md. House of Correction, 24
Decision Date | 13 May 1955 |
Docket Number | No. 24,24 |
Citation | 114 A.2d 44,207 Md. 622 |
Parties | Fred FORRESTER v. WARDEN, MARYLAND HOUSE OF CORRECTION. |
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 the refusal of a writ of habeas corpus by Judge Emory H. Niles, sitting in the Baltimore City Court. Petitioner has made five other applications for the writ, one to Judge W. Laird Henry, Jr., one to Judge George Henderson, two to Judge Patrick M. Schnauffer, and one to Judge Joseph R. Byrnes.
Petitioner was convicted of burglary and sentenced by Judge Warnken in the Criminal Court of Baltimore City on February 2, 1951, to five years in the Maryland House of Correction, said sentence to run from February 8, 1951. He was paroled on June 4, 1953, and after being on parole for 181 days he was returned to the Maryland House of Correction on December 2, 1953, for violation of parole.
His only contention here is that he is being illegally detained, as he was not given credit for the 181 days he was on parole, time spent in the community. Chapter 625, Section 91H, Acts of 1953, Code 1954 Supplement, Article 41, Section 91H, provides:
Petitioner, upon being returned to the Maryland House of Correction, was given a hearing by the Board as required by law, and the Board in its discretion did not give him credit for the time he was on parole in the community. He contends that the Board showed partiality and discriminated against him as some other prisoners had been given credit for such...
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Woods v. Steiner
...supra; Leeson v. Warden, 212 Md. 643, 129 A.2d 88 (1957); Schwartz v. Warden, 212 Md. 637, 128 A.2d 903 (1957); Forrester v. Warden, 207 Md. 622, 114 A.2d 44 (1955). Second, in the many cases in which the Court of Appeals has held constitutional the statute challenged here, it has assiduous......
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Dalton v. Warden, Maryland Penitentiary, Civ. A. No. 14580.
...while he was on parole was within the Board's discretion and is not subject to review in habeas corpus proceedings. See Forrester vs. Warden, 207 Md. 622 114 A.2d 44 Schmidt vs. Warden, 212 Md. 637 128 A.2d 903. Even assuming such a point could be raised on habeas corpus, it has been held t......
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Ramberg v. Warden of Md. House of Correction
...of the sentence as was within the power of the court to impose. Roberts v. Warden, 206, Md. 246, 254, 111 A.2d 597; Forrester v. Warden, 207 Md. 622, 624, 114 A.2d 44. Application denied, with ...
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Woolford v. Warden of Md. House of Correction, 62
...and was not subject to review on habeas corpus since there were no circumstances shown to make its action reviewable. Forrester v. Warden, 1955, 207 Md. 622, 114 A.2d 44. In any event the failure of the board to give the petitioner credit for time spent on parole does not deprive him of any......