Klein v. Warden, Md. Penitentiary, 58
| Decision Date | 10 December 1963 |
| Docket Number | No. 58,58 |
| Citation | 233 Md. 603,195 A.2d 608 |
| Parties | John J. KLEIN v. WARDEN, MARYLAND PENITENTIARY. Post Conviction |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.
This is the second application for leave to prosecute an appeal by this applicant under the Post Conviction Procedure Act. In the first, leave to appeal was granted and the case remanded for further consideration of the allegation that inadequacy of counsel amounted to a deprivation of a fair trial. Klein v. Warden of Maryland Penitentiary, 229 Md. 621, 182 A.2d 810.
The present application is from an order of the Circuit Court for Anne Arundel County dismissing the petition. It alleges that the court erred in denying petitioner's motion that a transcript of the proceedings at the original trial be made.
Subsequent to his filing of his application for leave to appeal, on September 4, 1963 the applicant filed a supplemental application in this Court in which he alleges additional grounds for relief.
A similar complaint that the applicant was denied a free transcript was raised in Truesdale v. Warden of Maryland Penitentiary, 221 Md. 617, 157 A.2d 281. There, as here, a plea of guilty was entered, and there was no testimony strictly speaking. As in that case, we do not think a transcript of the original trial at the hearing below on the applicant's petition would have materially added anything to the determination of adequacy of counsel. Judge Sachse, who heard the petition on remand, was at liberty to receive proof by affidavit, deposition, oral testimony or other evidence where justice required. Maryland Rule BK44 d. His...
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Hunt v. Warden, Maryland Penitentiary
...as procedural, or mere rules of evidence, have now been elevated to the status of constitutional rights." And in Klein v. Warden, 233 Md. 603, 195 A.2d 608 (1963), the court remanded the proceeding for consideration of a claim that no counsel was appointed at the trial of the petitioner. Si......
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Williams v. Warden, Md. Penitentiary
...courts. State v. Long, 235 Md. 125, 200 A.2d 641 (1964), cert. den., 379 U.S. 917, 85 S.Ct. 268, 13 L.Ed.2d 187 (1964); Klein v. Warden, 233 Md. 603, 195 A.2d 608 (1963). Applicant's third contention appears to be newly raised. No allegation that Negroes were systematically excluded from th......